Sleep apnea decisions — 2019

The Board has granted service connection for headaches, sleep apnea, and PTSD. The Veteran's initial rating for tinnitus is denied as it already meets the maximum schedular rating. The effective date for tinnitus is set at November 19, 2012.

The Veteran's claims for bilateral hearing loss, tinnitus, gout, kidney condition (adrenal adenoma), obstructive sleep apnea, and diabetes mellitus have been denied. The Board has determined that new and material evidence has not been received to reopen these claims.

The Veteran's claims for sleep apnea, coronary artery disease, hypertension, bilateral shoulder disability, neck disability, and left knee disability have been withdrawn. The Board has granted service connection for these conditions based on the continuity of symptomatology since the in-service motor vehicle accident.

The Board denied service connection for OSA as there was no evidence of a chronic disability in service or related to an in-service injury, and the appellant's claim is not based on exposure to environmental hazards.

The Board has denied service connection for COPD, sleep apnea, acid reflux/GERD, arthritis (including cervical spine and lumbar spine), and joint pain (including right shoulder, right elbow, bilateral hand disorder, and bilateral hip disorder) as these conditions are not related to active service or events therein.

The Board has decided to remand the cases of the Veteran's claims for obstructive sleep apnea, hypertension, and headaches due to outstanding private treatment records and addendum opinions are needed.

The Board has found that remand is necessary due to the failure of the RO to include certain issues in the supplemental statement of the case, specifically regarding the initial ratings for radiculopathy of the right lower extremity involving the femoral and sciatic nerves. The Veteran's claims are now on appeal as a result.

The Board has remanded the claims of service connection for acquired psychiatric disorder, bilateral hearing loss, pseudofolliculitis barbae, and sleep apnea due to new and material evidence having been submitted.

The Board has remanded the cases due to insufficient development of records from VA facilities where the Veteran received treatment since 1998.

The Veteran's tinnitus has been granted service connection. The lumbosacral strain is rated at the lowest possible rating of 10 percent, and no higher ratings are warranted due to lack of limitation in motion or other compensable symptoms.

The Board has remanded the case due to conflicting evidence regarding whether retinitis pigmentosa is a congenital defect or disease, and because of discrepancies in the Veteran's service records.

The Veteran's claim for service connection for sleep apnea was denied in February 2009, and the Board found that there is no evidence of clear and unmistakable error (CUE) to overturn this decision. The effective date for the grant of service connection for sleep apnea cannot be earlier than May 8, 2015.

The Board has decided that the Veteran's service connection claim for sleep apnea is remanded due to a lack of an examination and opinion regarding the onset of his disability during active duty.

The Veteran's claims for service connection for gastrointestinal disorder, lumbar spine disorder, bilateral hearing loss, tinnitus, sleep apnea, and migraine headaches have been denied as secondary to his service-connected knee disability. The claim for broken tooth and residual abscess in the mouth for compensation purposes has also been denied.,Service connection is not granted for any of the conditions listed above due to lack of evidence linking them to service or a service-connected condition.

The Board denied service connection for bilateral tinnitus and obstructive sleep apnea, finding that the Veteran's claims were not supported by evidence of a nexus to his military service.,The Board also remanded several issues related to right shoulder, hip, ankle, foot, headache, and psychiatric disabilities due to insufficient development.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD. The onychomycosis of toenails, both feet, is denied an initial compensable evaluation. The lumbar spondylosis issue is remanded for further examination.

The Veteran's retinitis pigmentosa with cataract was granted a 100% disability rating, and he is also entitled to special monthly compensation based on blindness in both eyes with visual acuity of 5/200 or less.

The Board has granted service connection for lumbosacral intervertebral disc syndrome and associated left lower extremity radiculopathy, finding that the evidence is at least in equipoise as to whether these conditions are related to service.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected PTSD, needs further examination and evidence. The case is being remanded.

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives and new arguments regarding potential service connection for sleep apnea. The Veteran's claim will be reviewed again by a clinician who should consider his in-service headaches, wife's testimony, and VA physician's opinion.