Sleep apnea decisions — 2019

The Veteran's claim of service connection for obstructive sleep apnea was denied due to lack of new and material evidence.,Service connection for fibromyalgia, vertigo, respiratory disability (sinusitis or allergic rhinitis), cardiovascular disability, skin rash, and memory loss is not granted as there is no current disability related to active service.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset during active duty service and is not proximately due to or aggravated by his service-connected persistent insomnia disorder.

The Veteran's claim for service connection for left ear hearing loss has been reopened. The Board also remanded the issues of sleep apnea, right ear hearing loss, low back disability, right lower extremity radiculopathy, and right thigh paralysis of the external cutaneous nerve.

The Veteran's somatic disorder, allergic rhinitis with deviated nasal septum, asthma (with OSA), GERD, and right wrist disability have been granted service connection. The Veteran is also receiving a noncompensable evaluation for his allergic rhinitis with deviated nasal septum, 10 percent evaluation for his asthma (prior to October 5, 2017) and 50 percent evaluation for his OSA with asthma from October 5, 2017. A 10 percent evaluation has been granted for his GERD, while a 10 percent evaluation is denied for his right wrist disability.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected lumbar spine disability, finding that obesity was a significant factor in causing the sleep apnea and not related to his service-connected condition.

The Board has determined that additional VA examinations are needed to determine the nature and etiology of the Veteran's sleep apnea, hypertrophied tonsils (now removed), and hypertension. The issues on appeal will be remanded for these purposes.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations. The issues of service connection for an acquired psychiatric disorder, bronchitis, sleep apnea (secondary to bronchitis), PTSD, and an acquired psychiatric disorder secondary to a service-connected lumbar spine disorder will be addressed.

The petition to reopen the claims of entitlement to service connection for hypertension, a vascular disorder, and a chronic organic condition due to high cholesterol is denied.,The petition to reopen the claim of entitlement to service connection for an eye disorder is granted. The Veteran's cognitive disorder and acquired psychiatric disorder are not found to be related to his service-connected disabilities.,The petition to reopen the claim of entitlement to service connection for psoriatic arthritis is denied. The preponderance of evidence does not support a diagnosis of psoriatic arthritis.

The Veteran's claims for service connection for a back disability, hammer toes, obstructive sleep apnea, neck disability, left hip disability, right hip disability, and tinnitus have been granted. The rating for GERD has also been reduced from 30% to 10%. New evidence was submitted that supports the reopening of these claims.

The Veteran's claims for effective dates prior to March 29, 2011 for the grants of service connection for bilateral hearing loss and tinnitus were denied. The Board found that the evidence did not support earlier effective dates. Service connection claims for laryngitis, sleep apnea, headaches, and a psychiatric disability are remanded.

The Board cannot make a fully-informed decision on the issue of entitlement to service connection for sleep apnea, as the current VA examiner's opinion is inadequate. The Veteran contends that his sleep apnea is due or aggravated by his service-connected disabilities, but the examiner did not consider these factors in their assessment.

The Board has denied service connection for diabetes mellitus, sleep apnea, right ankle melanoma, left wrist disorders, and left club foot. The appeals are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded the claims for service connection for various conditions, including cervical spine/neck disability, loss of leg control, acquired psychiatric disorder, and other disabilities secondary to hydrocephalus with shunt. The Veteran's personnel records will be obtained to determine if there were any in-service events that could have aggravated his pre-existing hydrocephalus.

The Board has remanded the cases due to insufficient evidence regarding whether sleep apnea is caused by or aggravated by residuals of a nasal fracture, and for further development on dental trauma.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was not enough evidence to show it had its onset during or was related to active duty service.

The Board has remanded the claims for service connection due to insufficient evidence regarding exposure to ionizing radiation during active duty, and further development is required.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, throat condition (pharyngitis), sleep apnea, and left ankle disability due to a lack of evidence showing these conditions were incurred or aggravated by his military service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, throat condition (pharyngitis), sleep apnea, and left ankle disability due to a lack of evidence showing these conditions were incurred or aggravated by his military service.

The Veteran's appeals for various conditions have been dismissed. The Board has also remanded several issues, including the reopening of claims and the assignment of initial ratings.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether the Veteran's current condition is related to his military service.