Sleep apnea decisions — 2019

The Veteran's sleep apnea and depressive disorder have been denied as service-connected.,A higher rating for the Veteran's depressive disorder has also been denied.

The Board has decided to remand the claims for service connection for various conditions, including tendonitis and COPD, due to herbicide exposure. The VA will need to obtain a supplemental medical opinion to determine if these conditions are related to the Veteran's presumed exposure during active duty.

The Board has denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, and obstructive sleep apnea as secondary to service-connected allergic rhinitis. The case is remanded for further development.

The Board has found that the evidence is in relative equipoise as to whether the Veteran's currently diagnosed sleep apnea had its onset in service. The claim for service connection for sleep apnea is granted.

The Board found that a rating in excess of 50 percent for obstructive sleep apnea is not warranted and remanded the issues related to left knee strain, unspecified depressive disorder, shin splints, maxillary sinusitis, allergic rhinitis, hypertension, and tinea corporis. The Veteran's service connection claims are pending.

The Veteran's renal cancer, sleep disorder (including sleep apnea and insomnia), peripheral neuropathy, and PTSD are presumed to be related to his service due to exposure to herbicide agents. The cause of death is also presumed to be related to the Veteran's service-connected renal cancer.

The Board has denied service connection for left knee tenosynovitis and remanded the claims for lumbosacral (back) disability, cervical (neck) disability, and bilateral hearing loss due to lack of nexus between current conditions and active service.

The Board has vacated the portion of its October 31, 2018 decision that denied entitlement to a rating more than 70 percent for PTSD. The Veteran's claim of service connection for sleep apnea secondary to PTSD is remanded and will be reviewed by the AOJ.

The Board has decided to remand the Veteran's claim of entitlement to service connection for sleep apnea due to duty-to-assist errors, and will require an examination to determine the etiology of his condition.

The Board has denied service connection for HSV infection, cervical spine condition, and lumbar spine condition as the evidence does not support a nexus between these conditions and service.

The Board denied service connection for rhinitis, sinusitis with deviated nasal septum, and obstructive sleep apnea as there was no evidence of a nexus between the conditions and active service.

The Veteran's sleep apnea is related to his military service and granted. The claims for hypertension and stroke are remanded due to the need for further medical examination.

The Veteran's sleep apnea and colon cancer are granted service connection.,Service connection for restrictive lung disease (claimed as pulmonary issues) is remanded due to the need for additional development.

The Board has remanded the Veteran's claims for service connection for sleep apnea and a headache disorder as secondary to an acquired psychiatric disorder due to insufficient opinions regarding causation or aggravation.

The Veteran's claims for effective dates prior to October 6, 2014, for the award of service connection for bilateral hearing loss and tinnitus are denied. The Board also finds that his claims for sleep apnea, gastrointestinal disorder, erectile dysfunction, and an acquired psychiatric disorder (including PTSD and dysthymic disorder) require further development as they may be related to pre-existing conditions or personal assault during boot camp.

The Board has denied the Veteran's claim of service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and active duty service.

The Board has remanded the claims for sleep apnea, arthritis (including as secondary to sleep apnea), bilateral hearing loss, and tinnitus due to missing service treatment records and inadequate medical opinions. The Veteran's lay statements and medical evidence are sufficient to warrant VA examinations and medical opinions.

The Veteran's claim of service connection for OSA is granted, and the case is remanded to determine the etiology of her condition.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his military service.

The Board has remanded the case due to inadequate reasons and bases in the October 2017 decision, requiring an additional VA examination for a sleep specialist.