Sleep apnea decisions — 2019

The Veteran's claims for sleep apnea, right knee disability, asthma, and left lower extremity radiculopathy were not granted. The claim for a rating in excess of 40 percent for lumbar spine disability was denied. The claim for an effective date prior to April 13, 2015, for PTSD rating increase was remanded.

The Board has remanded the Veteran's claims due to new evidence being associated with his case and a need for additional examinations.

The Veteran's claim for PTSD was granted with an effective date of November 26, 2001. The appeal regarding the skin condition is still pending and will be remanded.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD and musculoskeletal disabilities, finding that there is at least equipoise evidence in favor of this determination.

The Veteran's claim for service connection for seborrheic dermatitis of the scalp is granted. The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran requested to withdraw his appeals for service connection of a bilateral hip strain as secondary to lumbosacral strain with degenerative joint disease and an evaluation in excess of 20 percent for type II diabetes mellitus with erectile dysfunction.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current obstructive sleep apnea is related to his military service. The case will be sent back for further examination and consideration.

The Board denied service connection for a low back disability and remanded the claims for increased ratings of knee disabilities, ankle disabilities, heart disability, and sleep apnea. The Veteran's claim for service connection for a low back disability was denied as there is no evidence that it was incurred in or aggravated by service. Claims for increased ratings of knee and ankle disabilities, heart disability, and sleep apnea are remanded due to the need for additional examinations.

The Board denied service connection for right hip, left hip, glaucoma, macular degeneration, sleep apnea, and left leg conditions as there was no evidence of an injury or disease incurred during active duty or INACDUTRA.,The Board also denied service connection for a right leg condition due to lack of evidence linking the disability to active duty or INACDUTRA.

The Board has remanded the Veteran's claims for service connection and rating of his seizure disorder, as well as his claim for TDIU due to lack of medical records from the period under appeal.

The Board has decided to remand the Veteran's claims for further development and examination due to insufficient medical opinions regarding the etiology of his conditions.

The Veteran's claims for fibromyalgia, asthma, GERD, prostate disability, skin disabilities, and a mass removed from the back are all denied as there is no evidence of these conditions during service or within one year of separation. The Board found that the Veteran did not have any of these conditions due to herbicide exposure in Vietnam.

The Veteran's service-connected sleep apnea is granted. The rating for his depression from 70% to 50% effective October 1, 2016 was not proper and has been restored to 70%. His claim for a higher rating than 70% for depression remains denied. The Veteran's headaches are service-connected as secondary to his service-connected depression.

The Board has remanded the Veteran's claims for service connection for a low back disability, an acquired psychiatric disorder, and sleep apnea due to hypertension. The issues are related to whether these conditions are directly related to his military service or secondary to other service-connected disabilities.,Specifically, the Veteran is seeking service connection for a low back disability that he believes was caused by his active duty service or his left knee disability. He also claims service connection for an acquired psychiatric disorder including PTSD, anxiety, and depression, which he attributes to in-service trauma. Lastly, he seeks service connection for sleep apnea related to hypertension.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD.

The Veteran's claim for an effective date prior to March 20, 2014 for the grant of service connection for tinnitus has been denied.,The Veteran's appeal for a higher rating for tinnitus is also denied as his current disability picture does not warrant a higher evaluation under any diagnostic code.,The Board has remanded the claims for service connection for a back disorder, an acquired psychiatric disorder (major depressive disorder), a sleep disorder, and hypertension due to insufficient evidence or conflicting opinions in the record.,For the back disorder claim, additional medical opinion is needed regarding whether the Veteran's pre-existing condition was aggravated by military service.,For the major depressive disorder claim, additional medical opinion is needed regarding whether it was incurred in service and/or aggravated by tension headaches and tinnitus.

The Veteran's service-connected PTSD, combined with other disabilities, rendered him unable to secure or follow a substantially gainful occupation as of March 6, 2018. His TDIU is granted effective from that date.

The Board has granted service connection for sleep apnea, migraine headaches, and a mental health condition (unspecified anxiety disorder).,All three conditions are considered to be directly related to the Veteran's military service.

The Board has granted service connection for a low back disability, diagnosed as lumbosacral strain, lumbosacral sprain, and moderate degenerative changes of the L5-S1 disc and facet joints with radiculopathy. The Veteran's current low back disabilities are found to be due to his in-service injury.

The Veteran's claim for service connection for obstructive sleep apnea is granted.,The Veteran's claim for a compensable evaluation for GERD is denied.,The Veteran's claim for an earlier effective date for the 100% evaluation of PTSD is denied.