Sleep apnea decisions — 2019

The Board of Veterans' Appeals has denied the claim for service connection for sleep apnea to include as secondary to PTSD, finding that the evidence does not support a conclusion that sleep apnea was incurred in service or is proximately due to or the result of service connected PTSD.

The Board denied service connection for various conditions, including dyspnea, vision disorder, stomach disorder, sleep apnea, skin disorder, left ankle disorder, and left knee disorder. The reasons given were that there was no evidence of a disease or injury in service that caused these conditions.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's obstructive sleep apnea, which may be associated with his service.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining a substantially gainful occupation, thus meeting the criteria for TDIU.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected disabilities and prescribed medication.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current condition to his military service or any exposure to Agent Orange. The Board also found insufficient medical opinion supporting a secondary service connection theory based on ischemic heart disease.

The Veteran's maxillary sinusitis with allergic rhinitis and sinus headaches are granted a 50% rating effective December 12, 2015. The claim of an initial compensable rating for nasal septal deviation is denied. The claim of entitlement to a higher rating for obstructive sleep apnea is denied. The claim of entitlement to a higher rating for tinnitus is denied.

The Board has granted service connection for sleep apnea secondary to the Veteran's service-connected back disability and for an acquired psychiatric disability. The claim for chest pain is remanded, as are the claims for increased rating of the back disability.

The Veteran's claims for service connection of OSA, increased rating for respiratory disorder, and an increase in the rating for PTSD have been denied. The Veteran was granted a 70% rating for PTSD but no higher.

The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and active military service.

The Board has determined that the Veteran's hypertension and obstructive sleep apnea are at least as likely as not caused or aggravated by his service-connected psychiatric disability, leading to a grant of service connection for both conditions.

The Veteran's right knee strain is granted as secondary to service-connected bilateral shin splints.,Service connection for bilateral hearing loss is denied.,Right ankle strain and residuals of right ankle fracture with surgical repair are denied as secondary to two service-connected right foot disabilities.,Service connection for sleep apnea is denied.

The Board has remanded several of the Veteran's claims for further development, including increased rating claims and service connection claims. The decision on these issues is pending.

The Board denied service connection for sleep apnea, heart failure, hypertension, and an acquired psychiatric disorder (anxiety). The decision is based on the lack of evidence showing a direct relationship between these conditions and service.,There was no credible evidence presented to support claims that any of these conditions began during or were otherwise related to service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, and a respiratory condition other than sleep apnea.,Specifically, the Board found that there is no current evidence of a bilateral hearing loss disability in accordance with VA criteria.

The Veteran's claims of service connection for cervical and lumbosacral spine disorders were denied. The cervical spine disorder claim was reopened due to new evidence, but the lumbosacral spine disorder claim remains closed.

The appeal is dismissed with respect to the issues of entitlement to service connection for sleep apnea, dental disability (claimed as cavities), cervical spine disability, skin disability (claimed as herpes), irritable colon syndrome, and right foot sprain with residuals. Service connection for a left hand disability is denied. Service connection for groin disability is denied. Service connection for Vitamin D deficiency is denied. Service connection for mouth disability is denied.

The Veteran's left lower extremity radiculopathy and related conditions have been rated at 40 percent since June 1, 2009. A total disability rating based on individual unemployability has also been granted from June 1, 2009 to October 20, 2010.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, sleep apnea, and hypertension due to insufficient evidence or lack of examination.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is in equipoise and thus granting the claim.