Sleep apnea decisions — 2019

The Veteran's appeal for increased ratings for PTSD and service connection for obstructive sleep apnea has been dismissed due to the Veteran's withdrawal of his appeal. The issue of service connection for obstructive sleep apnea is remanded.

The Board has determined that the Veteran's claims for service connection related to squamous cell carcinoma and vision loss require additional development as there is insufficient evidence to make a determination. The remaining issues have been denied.

The Veteran's claims for service connection for diabetes, heart disability, renal failure, hypoxic respiratory disorder, and obstructive sleep apnea have been denied.,Service connection was not granted as the evidence did not establish exposure to herbicide agents or other chemicals in service.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to October 2, 2018 and at 20 percent from March 3, 2017 to October 1, 2018. The claim for an increased rating in excess of 20 percent from October 2, 2018 was denied.

The Board has remanded the case for readjudication of multiple service connection and evaluation issues, including those related to fatigue, muscle and joint pain, functional dysphagia, gastrointestinal disorder (functional vomiting, bloating), migraine headaches, sleep apnea, and sleep disturbance. The decision on Dependents Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is also remanded.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea as there is no competent medical opinion linking his current sleep apnea to service.

The Veteran's claims for service connection and increased ratings were denied. The AOJ also dismissed the claim of an earlier effective date for left hip degenerative joint disease.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's OSA first manifested in service and is therefore related to service. The appeal for service connection for OSA is granted.

The Board has remanded the case due to the need for a new VA examination regarding whether the Veteran's service-connected sleep apnea and obesity caused his hypertension.

The Board has remanded the claims for sleep disorder, service connection for sleep apnea, initial evaluation in excess of 10 percent for GERD, and initial evaluation in excess of 30 percent for pseudofolliculitis barbae. The RO must consider all submitted evidence before making a decision.

The claim of service connection for an acquired psychiatric disorder, including PTSD and unspecified depressive disorder is granted.,Service connection for tinnitus is granted. The Veteran's bladder condition secondary to prostate cancer is also granted.

The Veteran's tinnitus is related to noise exposure during active service. The Board finds that the evidence is in equipoise as to whether the Veteran’s sleep apnea is related to service or proximately due to his service-connected PTSD. The issues of acid reflux, alopecia, diverticulitis, migraines, athlete’s foot of the right foot, athlete’s foot of the left foot, back disability, bilateral hearing loss, chronic bronchitis, hemorrhoids, right foot heel spur, left foot heel spur, right knee disability, left knee disability, right shoulder disability, left shoulder disability, neuropathy of the bilateral lower extremities, neuropathy of the bilateral upper extremities, and pseudofolliculitis barbae are remanded for further examination and consideration.

The Board has decided to remand the Veteran's claims for service connection for a left knee disability and sleep apnea, as these conditions may be related to his service-connected right knee disabilities. The VA will need to provide further examinations to determine if there is a link between the Veteran's current conditions and his service-connected disabilities.

The Veteran's appeals for higher evaluations and earlier effective dates for service-connected disabilities have been dismissed. The Board has also remanded the issues of entitlement to service connection for glaucoma, sleep apnea, coronary artery disease (CAD), hypertension, and kidney disease.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's obstructive sleep apnea had its onset in service or is otherwise related to an in-service disease or injury.

The Veteran's obstructive sleep apnea and hypertension are both rated at the lowest possible level (noncompensable) due to their current severity. However, a separate 10 percent rating is granted for hypertension.

The Board has granted service connection for leiomyosarcoma, finding that the Veteran's exposure to ionizing radiation during his military service is at least as likely as not the cause of his condition.

The Board denied the Veteran's claims for service connection for COPD and obstructive sleep apnea, finding that there was no evidence to support a direct relationship between these conditions and his active service.,The Veteran's PTSD; unspecified depressive disorder is rated at 70 percent.

The Veteran's spouse was added as his dependent to his VA disability compensation award effective October 1, 2004.

The Veteran's appeals for service connection for a heart disorder and an acquired psychiatric disorder other than PTSD have been dismissed. The appeal concerning his back disability has been remanded, as well as the bilateral leg disability and sleep apnea.