Sleep apnea decisions — 2019

The Veteran's appeal for service connection for sleep apnea was dismissed because he died during the pendency of his appeal.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss and sleep apnea need further development due to missing or incomplete medical records, and a VA examination is required.

The Veteran's claims for service connection for sleep apnea, leg and arm neuropathy, an initial disability rating in excess of 50 percent for PTSD with persistent depressive disorder, with persistent major depressive episode, prior to July 16, 2012, and a TDIU prior to July 16, 2012 are being remanded due to the need for additional medical examinations.

The Veteran's bilateral hearing loss, unspecified depressive disorder, and obstructive sleep apnea have been granted with effective dates of November 6, 2012. However, the claim for diabetes mellitus, type II has not met the criteria for service connection.,Bilateral hearing loss is rated at level I in each ear, which corresponds to a noncompensable rating.

The Board has determined that the July 2017 VA examination is inadequate and requires a new examination to determine the current nature and etiology of the Veteran's rhinitis, sinusitis, back, shoulder, knee, bilateral shin splits, and bilateral ankle disorders.

The Veteran's service connection claims for sleep apnea and hypertension as secondary to sleep apnea are being remanded due to the need for a VA examination.

The Board dismissed the Veteran's appeal regarding service connection for aplastic anemia. The claim for sleep apnea was granted as proximately due to his service-connected hypertension. Service connection was denied for multiple joint arthritis, jaw disorder (TMJ), and bilateral foot disability. The right knee disability claim was also denied.

The Veteran's tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260.,Sleep apnea requires a CPAP machine but does not meet the criteria for a higher than 50 percent rating as there are no symptoms warranting such a high level of disability.

The Board has granted service connection for asbestosis and OSA secondary to PTSD. The remaining issues of service connection are remanded due to incomplete records and the need for additional examinations.

The Board has remanded the case due to inadequate examination regarding the relationship between sleep apnea and service-connected asthma.

The Veteran withdrew his appeal regarding the service connection claim for sleep apnea, and as a result, the Board dismissed the appeal.

The Veteran's claims for headaches, respiratory/lung/breathing disability (to include COPD and/or bronchial asthma), sleep apnea, diarrhea, right ear disability, left ear disability, back disability, joint pain, and muscle pain are granted as new and material evidence has been received. However, the underlying claims of service connection for these conditions remain denied.

The Board denied service connection for obstructive sleep apnea and granted a 60 percent rating for asbestos-related lung disease. A total disability rating based on individual unemployability was also granted.

The Board denied service connection for COPD and obstructive sleep apnea, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Veteran's claim for service connection for tinnitus is granted. The Veteran's PTSD is assigned a 70% rating effective March 9, 2017. Claims for increased ratings for lumbosacral and cervical spine disabilities, as well as TDIU, are dismissed.

The Board has dismissed the claims of service connection for sleep apnea and TDIU due to withdrawal by the Veteran. The remaining issues have been remanded for further development.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to his service-connected TBI and if it was caused or aggravated by his in-service head injuries.

The Veteran's claim for service connection for sleep apnea was not received within one year of separation from active military service, and the effective date for the award is set at December 22, 2011.

The Board denied the Veteran's claims for service connection for a bilateral eye disability and obstructive sleep apnea (OSA), finding that there was no evidence of current disabilities related to active service.,For OSA, the Board found that it is not related to active service or any incident of service, including as due to a service-connected disability.

The Board has remanded the cases for further development and consideration. The Veteran's claims of service connection for obstructive sleep apnea, fibromyalgia, and ingrown toenail are pending.