Sleep apnea decisions — 2019

The Board has reopened the Veteran's claim for service connection for dizziness, including Meniere's syndrome. The issues of service connection for obstructive sleep apnea, traumatic brain injury, PTSD, and depressive disorder are remanded due to new evidence received since the last rating decision.

The Veteran's lumbosacral strain (low back disability) was denied a rating in excess of 20 percent prior to February 19, 2016 and in excess of 40 percent thereafter.,The Veteran's thoracic syrinx (fluid on spinal cord) was not granted an increased rating.,A separate 10 percent rating for radiculopathy of the left lower extremity associated with the lumbosacral strain (low back disability) prior to October 16, 2015 was granted.

The Board has determined that the Veteran's claims for hypertension, sleep apnea, depression, a pulmonary condition and vision loss are inextricably intertwined with each other. Therefore, these matters must be remanded to allow for further development.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Veteran's claims for service connection and increased ratings have been denied. The Board has also remanded several issues, including an evaluation in excess of 10 percent for pseudofolliculitis barbae, effective date prior to September 18, 2007, for service-connected transverse myelitis of the left lower extremity and for service-connected pseudofolliculitis barbae, and service connection for an acquired psychiatric disorder (to include depression and/or anxiety) and a sleep disorder (to include insomnia and/or sleep apnea).

The Veteran's appeal for a higher initial rating for insomnia is remanded due to worsening symptoms and the need for an updated VA examination. She also needs to file a separate claim for service connection of sleep apnea.

The Veteran's PTSD, diabetes, and other conditions have been remanded for further development. The issues include seeking service connection for hyperlipidemia as secondary to his service-connected disabilities.

The Veteran's claims for various conditions, including right shoulder disorder, neck disorder, hearing loss, rosacea, autoimmune hepatitis, hepatic steatosis, residuals of liver transplant, surgical scar, and hepatic encephalitis were all denied as they are not service-connected.

The Veteran's claim for service connection for hypertension was denied because the evidence did not show a current disability or in-service incurrence. The Veteran appealed, but new and material evidence has not been submitted to reopen this claim.,Service connection for sleep apnea is denied as there is no link between the condition and service.,The Veteran's cyst disability is rated at 30 percent prior to December 15, 2017. From that date, a higher rating of 50 percent is granted but not higher.,An earlier effective date for headaches prior to December 1, 2005 and an earlier effective date for the increased rating of cyst disability prior to June 5, 2014 are denied.,An earlier effective date for TDIU prior to March 22, 2017 is also denied.,The Veteran's claim for service connection for an acquired psychiatric disability is remanded and will be reconsidered.

The Board has determined that additional medical records are needed to properly evaluate the Veteran's claims, and remands for further development are ordered.

The Board has decided to remand the cases for further development and consideration. The Veteran's sleep apnea secondary to service-connected PTSD is being remanded, as well as his claim for a compensable rating for hemorrhoids.

The Board denied the Veteran's claims for service connection for sleep apnea, an initial evaluation in excess of 10 percent for MDD prior to July 2, 2016 and in excess of 30 percent thereafter, and TDIU. The decision found that there was no evidence linking the Veteran’s sleep apnea or MDD to his service.

The Veteran's service-connected PTSD has prevented him from securing and maintaining gainful employment during the appeal period, leading to a grant of TDIU.,Medical evidence is needed to determine if the Veteran’s obstructive sleep apnea was caused or aggravated by his service-connected conditions or medications.,Medical evidence is needed to determine if the Veteran's hypertension was caused or aggravated by his service-connected conditions or medications.,Medical evidence is needed to determine if the Veteran has a medically unexplained chronic multi-symptom illness and what its manifestations are.,Medical evidence is needed to determine if the Veteran has erectile dysfunction and whether it is related to his service-connected conditions or medications.

The Board has remanded the issues of service connection for sinusitis, asthma, obstructive sleep apnea (OSA), chronic tachycardia (cardiovascular condition), hypertension, and insomnia due to insufficient evidence or procedural issues.

The Veteran's service connection claim for hypertension is granted as it manifested within one year of separation and is not attributable to intercurrent causes. The claim for sleep apnea is remanded due to insufficient evidence.

The Board has denied service connection for lumbosacral spine disability and aspiration pneumonia, finding that the Veteran's conditions are not related to his military service or a service-connected condition.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened, and his claims for initial ratings for peripheral neuropathy of the upper extremities have been granted. However, he is still denied an effective date prior to certain dates.

The Board has decided to remand the cases for additional development and consideration of new evidence, including VA treatment records and VA examinations.

The Veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of the claims as he died during the pendency of the appeal.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected asthma.