Sleep apnea decisions — 2019

The Board has determined that the Veteran's appeals for service connection and rating issues require additional examinations and evidence to determine the etiology of his disabilities, as well as the appropriate disability ratings. The appeal is being remanded due to incomplete records and potential new evidence.

The Board has found that the VA examinations and opinions related to the Veteran's claimed disabilities have not been conducted or obtained as required by prior remand instructions. Therefore, the appeal is being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's claims for service connection for sleep apnea, PTSD, and hypertension have been denied.,Service connection was not established for any of the conditions due to lack of evidence linking them to service.

The Board denied the Veteran's claims for service connection for erectile dysfunction and an increased rating for his lumbosacral spine DDD. The claim for service connection was denied due to insufficient evidence of a current disability, while the increased rating claim was denied as there is no evidence that the Veteran’s condition has worsened beyond what is contemplated by the current 40% rating.

The Board has granted the Veteran's request to reopen his claim for service connection for obstructive sleep apnea, which is now considered secondary to service-connected allergic rhinitis. The case of entitlement to compensation under 38 U.S.C. § 1151 for kidney disease aggravated by paragraph 30 kidney surgery and the issue of whether service connection for sleep apnea is warranted remain pending and are remanded.

The Board has granted service connection for obstructive sleep apnea and dismissed the issue of a compensable rating for bilateral nuclear sclerosis and cataracts.

The Veteran's service connection claim for retinitis pigmentosa and ring scotoma of both eyes was reopened due to new evidence showing her vision loss during active duty. The Board determined that the condition was aggravated by service, granting service connection.

The Board denied service connection for a low back condition, finding that the Veteran's current degenerative arthritis of the spine was not incurred in or caused by his military service.

The Veteran's claim for service connection for back pain was reopened, and the Board found that his current thoracic restriction and lumbosacral strain were incurred in the line of duty during INACDUTRA. Service connection is granted.

The Board dismissed the appeals for service connection for sleep apnea and right lower extremity deep vein thrombosis, venous stasis, peripheral vascular disease of the legs due to the appellant's withdrawal of her appeal in writing.

The Veteran's claim for service connection for sleep apnea is allowed, and the appeal is granted to that extent only. The case is remanded for further action.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to determine if his sleep apnea is secondary to his service-connected PTSD.

The Veteran's claims for PTSD, an acquired psychiatric disorder other than PTSD, high blood pressure, obstructive sleep apnea, and headache disorder have been reopened. The claim for PTSD has been denied, while the others are granted.,New evidence has been submitted to reopen the claims of service connection for PTSD, an acquired psychiatric disorder other than PTSD, and a headache disorder.

The Veteran's service-connected toxic inhalational lung disease, with cicatricial bronchiolitis, vocal cord dysfunction, and sleep apnea has resulted in his loss of use of both lower extremities. The Board granted a higher rate of SMC at the R-1 level under 38 U.S.C. § 1114(r)(1) based on the Veteran's need for regular aid and attendance or a higher level of care.

The Veteran's service connection claim for lumbosacral strain is being remanded due to the need for an addendum opinion from a VA clinician regarding whether his current condition is related to his in-service injury and if so, whether it began during service or within one year of discharge.

The Board has remanded the claims for a bilateral eye disability, left wrist disability, and sleep disorder due to incomplete information regarding service connection.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by medications prescribed for his service-connected musculoskeletal and psychiatric disabilities, thus granting secondary service connection.

The Board has granted an earlier effective date of March 24, 2006 for the award of service connection for sleep apnea due to new and material evidence submitted in August 2007.

The Board has remanded the Veteran's claims for an earlier effective date for TDIU and SMC based on need for regular aid and attendance and/or housebound status due to ongoing medical conditions.

The Board has granted the Veteran's claim for secondary service connection for obstructive sleep apnea, finding that it is caused by his obesity which in turn was caused by his service-connected degenerative disc disease.