Sleep apnea decisions — 2019

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has decided that the claims for sleep apnea and TDIU are inextricably intertwined, so both need to be remanded. The Veteran's sleep apnea claim will require a medical opinion on its etiology, including whether it is related to service-connected tinnitus or hypertension.

The Board has decided to remand the Veteran's claims of service connection for obstructive sleep apnea and hypertension due to additional development being needed, including obtaining medical opinions regarding whether these conditions are related to obesity caused by service-connected disabilities.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, kidney cancer, sleep apnea, hypertension, and adrenal gland condition. The appeals were based on direct evidence and not on presumptive exposure to herbicide agents.

The Board has dismissed the appeal for an initial compensable rating for bilateral hearing loss. The claim of service connection for a right shoulder disorder is remanded due to new evidence received since the last VA examination, and a new examination may be needed if there has been any worsening in symptoms. The claim of service connection for sleep apnea is also remanded.

The Board denied the Veteran's petition to reopen his claim for service connection for lumbosacral strain with neuritis, finding that no new and material evidence had been received. The motion to revise or reverse based on clear and unmistakable error (CUE) in a February 1975 rating decision was also remanded.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that it did not manifest during active service and is not caused or aggravated by any aspect of service including his service-connected PTSD.

The Veteran's petition to reopen the claim of entitlement to service connection for obstructive sleep apnea was granted. The reopened claim, however, was denied as his obstructive sleep apnea did not have its onset during active service and is not otherwise related to active service or a service-connected disability.

The Veteran's claims for earlier effective dates, service connection, and rating have been remanded due to the need for additional medical examination.

The Veteran's claims for an increase rating in excess of 50 percent for obstructive sleep apnea and a higher initial rating for idiopathic central nervous system hypersomnia were denied.,The Veteran's claim for an effective date earlier than January 27, 2015 for TDIU and the initial rating in excess of 60 percent for idiopathic central nervous system hypersomnia was also denied.,The Veteran's claim for Dependents' Education Assistance with an effective date prior to January 27, 2015 was denied.

The Veteran's service-connected disabilities, including major depressive disorder and back conditions, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including gout affecting his ankles and knees, obstructive sleep apnea, lumbosacral degenerative discogenic disease, hypertension, eczema, left occipital neuralgia, plantar fasciitis of the left heel, osteoarthritis of the left first metatarsophalangeal joint, right thumb residual fracture fragmentation, internal hemorrhoids, and status post neoplasm excisions of the large intestine, are found to be so severe that they prevent him from securing or following substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's obstructive sleep apnea was granted service connection as it began during active service.,Regarding left ankle achilles tendonitis, the Board remanded for additional evidence and a new examination.

The Veteran's obstructive sleep apnea is currently rated at 50 percent, and the Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher schedular rating.

The Veteran's OSA is related to his period of active service and has been granted. The Veteran's right ankle injury and bilateral hearing loss do not meet the criteria for service connection.

The Veteran's service connection claim for sleep apnea is denied as the evidence does not support a finding that his current condition is related to his active duty service, including diabetes mellitus.

The Board has determined that the Veteran's sleep apnea was not incurred in or related to his military service, and thus denied the claim for service connection.

The Veteran's service-connected obstructive airway impairment is found to be the cause of his sleep apnea, granting service connection for sleep apnea.

The Veteran's petition to reopen claims for service connection for various conditions, including a right knee disability and PTSD, was denied. The Board found no new and material evidence to support reopening these claims.,Service connection for fibromyalgia, left knee disability, sleep apnea, and bilateral hearing loss were also denied.

The Board denied service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder and also denied service connection based on in-service onset. The Veteran's current diagnosis of OSA was not related to his service or service-connected PTSD.