Sleep apnea decisions — 2019

The Veteran's service-connected unspecified anxiety disorder and unspecified depressive disorder with TBI are granted at a maximum schedular rating of 70 percent, effective May 25, 2014. The appeal is REMANDED for further action on other issues.

The Board denied service connection for a mental disorder, diabetes, headaches, high blood pressure, and obstructive sleep apnea as there was no competent and credible evidence indicating that any of these conditions may be associated with service.

The Board has decided to remand the case due to inadequate examination and the need for additional evidence, particularly regarding functional loss during flare-ups.

The Board has determined that the Veteran's lumbar spine disability, GERD, bilateral hearing loss disability, jaw (TMJ) disability, left shoulder disability, radiculopathy of the right lower extremity, raticulopathy of the left upper extremity, obstructive sleep apnea, chronic kidney disability, and erectile dysfunction are not service-connected.

The Veteran's claims for service connection for left and right ankle disabilities, sleep apnea (to include as secondary to PTSD), and dry eyes have been REMANDED due to the need for additional examinations and opinions. The issues of entitlement to service connection are related to his military service or service-connected conditions.

The Board has remanded the case for further examination and review of the Veteran's TDIU claim, as it may affect her DEA under Chapter 35.

The Veteran's appeal for a higher rating for lumbosacral strain is remanded due to the need for a new VA examination.

The Veteran's claims for an initial compensable disability rating for erectile dysfunction, service connection for Gulf War Syndrome and a chronic kidney disorder are dismissed. The claim of entitlement to service connection for sleep apnea is remanded.

The Board has remanded the claims of service connection for sleep apnea, an acquired psychiatric disability (including PTSD and anxiety disorder), bilateral shoulder condition, and bilateral knee condition due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for sleep apnea and back disability, finding that there is no evidence of a current disability related to active duty service. The case is remanded for further development.

The Board denied the Veteran's claims for service connection for hypertension, PTSD, and sleep apnea as secondary to his service-connected knee disabilities. The evidence did not support the Veteran's contention that his service-connected knee disabilities caused or aggravated these conditions.

The Board denied service connection for OSA, finding that the Veteran's anxiety disorder and spontaneous pneumothorax do not cause or aggravate his OSA.

The Veteran's claim for service connection for elevated cholesterol is denied as it does not constitute a disability for VA compensation purposes. The Board has remanded the remaining issues due to the need for additional development and examination.

The Veteran's claims for increased evaluations of his service-connected lumbosacral spine, left knee, and skin disabilities are being remanded due to the need to associate missing VA examination reports with the claims file and obtain new examinations.

The Veteran's lumbar spine DJD had forward flexion to 60 degrees and did not manifest as unfavorable ankylosis of the entire thoracolumbar spine or the entire spine. The Board denied a rating in excess of 20 percent for the condition.

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

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The case is now remanded for further examination and determination.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his period of active duty service, and thus grants the claim for service connection.

The Board has determined that the Veteran's sleep apnea is etiologically related to his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

The Veteran's claims of service connection for diabetes mellitus and sleep apnea are being remanded due to the need for additional development, including obtaining medical opinions.