Sleep apnea decisions — 2019

The Veteran's claims for service connection were denied, as was his request for increased disability ratings. The appeal is dismissed.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied. The Veteran's PTSD was granted a 50% disability rating, but the Board found that more evidence is needed to determine if he should receive a higher rating. Service connection for OSA and knee conditions were remanded due to insufficient medical opinions.

The Veteran's cause of death is remanded for further review, including obtaining SSA records and determining the eligibility for substitution. The DIC claim remains inextricably intertwined with the substitution issue.

The Board has reopened the previously denied claims of service connection for a low back disability and sleep apnea, but has remanded both issues due to insufficient evidence.

The Board has determined that the Veteran's currently diagnosed sleep apnea was incurred during service and granted service connection for this condition.

The Veteran's appeal for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes was dismissed due to withdrawal. The appeal for TDIU was also dismissed as the Veteran does not meet the schedular criteria and there is no evidence of unemployability based on service-connected disabilities alone.

The Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine, lumbosacral spondylosis, lumbar spondylolisthesis, and lumbar canal stenosis are granted as service connected. The left lumbar radiculopathy with foot drop is also granted as secondary to his now service-connected back disability.

The Veteran's service-connected lumbosacral spine disability, left and right lower extremity radiculopathy of the sciatic nerve are being remanded for further evaluation due to increased symptoms since his last VA examination in September 2014.

The Board denied the Veteran's claims for service connection for bilateral shoulders, right hand disability other than ankylosis of the fifth right digit and left hand disability, and sleep apnea. The evidence did not support a finding that any of these conditions were related to active service.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his sleep apnea, knee disabilities, lumbar spine disability, and left elbow disability. The maximum schedular rating for bilateral metatarsalgia has been granted.

The Veteran's TDIU is granted with an effective date of February 9, 2005.

The Board has remanded the claims for service connection due to new and material evidence being required. The issues include right hand disorder, back disorder, right ankle disorder, bilateral hammer toes, abdominal pain, OSA, joint pain, fatigue, diabetes mellitus, type 2, and carpal tunnel syndrome.

The claims for service connection for fibromyalgia, chronic fatigue syndrome (CFS), and hypertension are dismissed.,The claims for service connection for solar lentigos and solar lentigines, chronic rhinitis and intermittent sinusitis, and sleep apnea are granted.

The Veteran's service connection for tinnitus was granted, while his claims for sleep apnea and PTSD were denied. The rating reduction for hyperthyroidism from 60% to noncompensable was upheld, but the restoration of the prior rating is denied. Other issues related to back disability, knees, and PTSD are pending.

The Veteran's tinnitus, hypertension, and aggravation of sleep apnea by service-connected PTSD have been granted. The effective date for the award of service connection for coronary artery disease with myocardial infarction residuals and stenting is being determined in accordance with general regulations.,Service connection for coronary artery disease was established secondary to diabetes mellitus rather than on a presumptive basis, prior to its addition to the list of covered herbicide diseases.

The Veteran's appeal includes requests for a higher rating for PTSD and service connection for sleep apnea. The Board has determined that these issues require additional development due to new evidence being added to the record.

The Board denied the Veteran's claims for service connection for right shoulder disability, residuals of a right knee fracture secondary to service-connected lumbosacral spine degenerative joint disease, sleep apnea, and hypertension. The Board also remanded the issues regarding cervical spine and lumbosacral spine degenerative joint diseases.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and review of his medical records.

The Veteran's PTSD is granted, and the remaining claims are remanded for further development.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it is not related to his active duty service or any other condition. The Board also found no evidence of a qualifying chronic disability under the provisions of 38 C.F.R. § 3.317.