Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for service connection due to new evidence and to obtain additional medical records. The issues include cervical spine disorder, back disorder, left knee disorder, right knee disorder, left ankle disorder, right ankle disorder, sleep apnea, hypertension, left carpal tunnel syndrome, and right carpal tunnel syndrome.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD.,The Veteran's hypertension has been granted, but the effective date remains November 14, 2013.

The Veteran's sleep apnea was caused and incurred during his active service, and the Board has granted service connection for this condition.

The Veteran's claim for service connection for PTSD has been denied as there is no credible evidence of a current diagnosis.,Service connection for skin cancer was also denied due to the lack of documented instances of skin cancer during the pendency of this claim.

The Board has remanded the case due to inadequate addendum opinions regarding second-hand smoke exposure during service and its potential connection to the Veteran's death. The examiner is asked to provide an opinion as to whether it is at least as likely as not that second-hand smoke exposure in service caused or contributed substantially or materially to the Veteran’s death, addressing all causes of death listed on his death certificate.

The Board has determined that the original denial was not final and remanded for a secondary service connection claim. The Veteran's sleep apnea is currently denied as there are no new and material evidence to support his claim. However, the Board found the VA opinions inadequate and ordered an addendum opinion regarding whether the Veteran’s sleep apnea is at least as likely as not proximately due to service-connected dysthymic disorder or prescribed Zoloft.

The Veteran's claim for service connection for sleep apnea was granted in a prior rating decision, and the Board dismissed the appeal as moot due to this prior grant of service connection.

The Veteran's claims for sleep apnea, skin cancer, right hand disorder, left hand disorder, right hip disorder, and left hip disorder were denied as they are not related to service. The claim for hypertension is remanded due to insufficient evidence addressing its relationship to herbicide exposure.

The Board has remanded the claims for service connection for atrial fibrillation and a compensable rating for hypertension due to the Veteran not having received a Statement of the Case.

The Veteran's PTSD is rated at 70 percent, and service connection for Hepatitis C, fibromyalgia, sleep apnea, hypertension, and headaches are granted. The initial rating for seborrheic dermatitis remains unchanged.

The Veteran's claim for service connection for sleep apnea has been denied as there is no competent evidence linking the current condition to his military service.,His initial rating for bilateral hearing loss remains at 20 percent, but the case is remanded due to potential changes in his hearing status.

The appeal of the denial of service connection for vertigo, bilateral hearing loss, tinnitus, SMC/AA, and gout is dismissed as no adequate substantive appeal was filed.,The appeals of service connection for sleep apnea and headaches are remanded due to insufficient evidence.

The Veteran's claim for service connection for a lumbar spine disability has been granted. The appeal of increased ratings for tinnitus, hypertension, erectile dysfunction, and PTSD is dismissed. The claim for sleep disorder (claimed as sleep apnea) is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his military service. A VA examination is required to determine if there is a link.

The Veteran's low back, cervical, bilateral hip, and bilateral ankle disorders are granted as secondary to his service-connected bilateral pes planus with plantar fasciitis and bilateral knee degenerative joint disease. His left brachial plexus disorder is also granted as secondary to his service-connected cervical disorder. Chronic pain syndrome is granted as secondary to his service-connected cervical and left brachial plexus disorders. A 50 percent rating for bilateral pes planus from September 8, 2018 is granted.

The Veteran's acquired psychiatric disorder, including PTSD, has been granted a disability rating of 70 percent. The case is remanded for further examination and determination regarding service connection for sleep apnea.

The Board has granted service connection for sleep apnea and dismissed the claims for chronic fatigue syndrome and higher initial rating for lumbar spine disability.

The Board has determined that new and material evidence has been received sufficient to reopen the issue of entitlement to service connection for a sleep apnea syndrome. The Veteran's claim is being remanded for further examination and consideration.

The Board found no evidence of a current diagnosis of sleep apnea related to service or service-connected conditions, and concluded that the Veteran's obstructive sleep apnea is more likely due to post-service weight gain.

The Board has decided to remand the Veteran's sleep apnea claim due to inadequate examination and failure to address lay statements regarding continuity of symptoms.