Sleep apnea decisions — 2019

The Board has remanded the claims for service connection for sleep apnea, migraine headaches, and seizure disorder due to lack of records from the Social Security Administration (SSA).

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's obstructive sleep apnea, which may be related to service. The Veteran and his spouse provided testimony about symptoms during service.

The Veteran's claim for service connection for peripheral neuropathy of the right leg, to include as secondary to diabetes mellitus type II is denied because there is no current diagnosis and no evidence linking it to active service.,Service connection for obstructive sleep apnea is denied as there is no evidence that it began during active service or is otherwise related to an in-service injury or disease.

The Veteran's hypertensive retinopathy is granted as secondary to service-connected hypertension. The claim for a TDIU prior to February 3, 2011, is denied due to the Veteran already having a combined service-connected disability rating of 100 percent.

The Board has granted the reopening of claims for service connection for sleep apnea and migraine headaches, but has remanded both issues to obtain further development.

Service connection for low back strain has been granted.,Service connection for sleep apnea (secondary to service-connected schizophrenia and depressive disorder) has been denied.

The Board has found that the appellant's claim for DIC under 38 U.S.C. § 1318 is not warranted due to a lack of continuous total disability rating for at least 10 years prior to death and was not rated as totally disabled continuously since release from active duty. The appeal regarding service connection for cause of death has been remanded.

The Board has granted service connection for hypertension. The respiratory disability and sleep apnea claims are remanded as new VA examinations are required.

The Veteran's appeals for service connection for sleep apnea, increased rating for right knee disability, and increased rating for COPD have been dismissed as the Veteran withdrew his appeals in writing.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a sleep condition. The issue of entitlement to service connection for tinnitus is granted. The issues of entitlement to service connection for obstructive sleep apnea, increased rating for gall bladder removal residuals, and referral for compensation for scars are remanded.

The Veteran's appeal is remanded due to the improper combination of sleep apnea and asthmatic bronchitis, which are evaluated under different diagnostic codes. The VA needs to separate these conditions and obtain updated VA examinations to accurately assess their severity.

The Board has remanded the claims for service connection for skin disorder, sleep apnea, hypertension (claimed as high blood pressure), and neurological disorder due to insufficient evidence or conflicting findings. The Veteran's service treatment records do not show any diagnosed conditions related to these issues.

The Veteran's headache disorder, bulimia nervosa, and panic disorder with agoraphobia are all granted service connection. The rating for the psychiatric condition is set at 50 percent from May 23, 2010 to September 24, 2018.

The Veteran's claim for a higher rating for his service-connected chronic lumbosacral strain (back disability) is remanded due to the need for updated medical records and a more contemporaneous VA examination.

The Board has granted service connection for various conditions including left and right knee disabilities, sleep apnea, TBI, bilateral carpal tunnel syndrome, and an acquired psychiatric disability. The Veteran's current hearing loss in the right ear is not considered a compensable disability.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's claimed sleep apnea, restless leg syndrome, and periodic limb movement disorder. The issues are being remanded for this purpose.

The Veteran's death was not caused by any service-connected disability, and the Board denied both his claim for dependency and indemnity compensation under 38 U.S.C. § 1318 and his claim for service connection for the cause of death.

The Veteran's service-connected disabilities do not result in a loss or loss of use of one or both lower extremities, and he does not qualify for specially adapted housing or home adaptation grants.

The Board has decided to remand the Veteran's claims for service connection for a neck disorder and obstructive sleep apnea due to the need for additional medical examinations.

The Board has granted the Veteran's claim for tinnitus, but has remanded his claims for increased ratings and secondary service connection.