Sleep apnea decisions — 2019

The Board has granted service connection for low back and cervical back strain, insomnia and sleep apnea, but remanded the issue of service connection for migraine headaches.

The Veteran's appeals for service connection for blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass on the right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, and PTSD have all been dismissed due to withdrawal of appeals by the Veteran.,The Veteran's appeals for a disability rating in excess of 10 percent for left ankle disability, right ankle disability, left foot disability, and right foot disability are being remanded for further development.

The Veteran's claims for service connection were denied, and he was granted a 30% rating for unspecified anxiety disorder with effective date of September 29, 2015. The other conditions were not found to be service-connected.

Service connection granted for OSA, DVT, headaches, and acquired psychiatric disorder (Persistent Depressive Disorder). Service connection denied for ED.,Effective date of service connection is July 24, 2014.

The Board has remanded the case for additional development due to lack of substantial compliance with previous remand directives.

The Board has decided to remand the case due to the need for additional development regarding whether the Veteran's service-connected disabilities caused his obesity, which in turn caused his sleep apnea.

The Board has determined that additional development is necessary for the Veteran's claims of service connection and increased ratings, as they are inextricably intertwined. The claims will be remanded to allow for further examination and opinion.

The Veteran's claim for service connection for bone atrophy is denied as there is no evidence of a current diagnosis or relationship to service.,The Veteran's claims for right wrist sprain, PTSD, sleep apnea, and sleeping disorder are remanded due to the need for additional medical examination and opinion.

The Board has granted service connection for obstructive sleep apnea as secondary to a service-connected disability, denied service connection for tinnitus and heart condition, and denied service connection for low back disability. The Veteran's claim for increased rating of cervical spine disability is denied, but the issue of entitlement to an initial compensable rating for right upper extremity radiculopathy from June 19, 2017, and left upper extremity radiculopathy remains pending.

The Veteran's appeal for a higher rating for lumbar back strain was denied, and the application to reopen his sleep apnea claim was also denied due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection due to new VA treatment records being added without a waiver of AOJ consideration.

The Veteran's gastrointestinal disability, including hiatal hernia and gastroesophageal reflux (GERD) and irritable bowel syndrome (IBS), as well as his plantar fasciitis and obstructive sleep apnea are all secondary to his service-connected ITP. The issues have been remanded for further evaluation.,The Veteran's ITP is already service connected, but the issue of whether these additional disabilities should be considered secondary to this condition remains unresolved.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected coronary heart disease and diabetes mellitus, resolving reasonable doubt in favor of the Veteran.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to new and material evidence. The case is remanded for a VA examination to determine the nature and origin of the Veteran's sleep apnea, including whether it is related to in-service snoring or aggravated by PTSD.

The Board has remanded the claims for a left ankle disability, GERD, back disability, psychiatric disability (to include PTSD), and sleep apnea due to incomplete records and need for further examination.

The Veteran's obstructive sleep apnea with CPAP is granted as secondary to his service-connected PTSD, bilateral hip disabilities, and bilateral ankle disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations. The issues include PTSD, bilateral pes planus, sleep apnea, acquired psychiatric disability (including PTSD), bilateral hearing loss, tinnitus, TBI, seizure disability secondary to TBI, vertigo secondary to TBI, Dercum’s disease, wrist carpal tunnel syndromes, hypermobility syndrome, testicular/inguinal hernia, respiratory disability, mast cell disorder, hemolytic anemia, and TMJ.

The Board denied service connection for a low back disorder, finding that the preponderance of evidence shows that the Veteran's current low back disorders did not have their onset in service and are not otherwise related to active military service.

The Board has decided to remand the claim for service connection for a low back condition due to insufficient medical opinion addressing in-service complaints.