Sleep apnea decisions — 2019

The Board has determined that the Veteran does not have a current disability related to his service, including asbestos exposure. Therefore, service connection for any of the claimed conditions is denied.

The Board's decision to remand several issues has been vacated due to the Veteran's participation in VA’s RAMP program, which removed jurisdiction from the Board.

The Board denied service connection for lumbar spine disability, left knee disability, right knee disability, and a rating in excess of 20 percent for duodenal ulcer and gastroesophageal reflux disease. The Veteran's current conditions were not found to be related to her military service.

The Board has granted service connection for a lumbar spine disability, tinnitus, and chronic insomnia. Service connection was denied for cervical spine disability and sleep apnea.

The Board has remanded the case due to the need for further evidentiary development and adjudication regarding the Veteran's claim of entitlement to service connection for sleep apnea, including whether obesity is an intermediate step between his service-connected disabilities and his sleep apnea.

The Veteran's lumbosacral strain was granted an initial rating of 20 percent prior to August 29, 2017 and denied for any increased rating thereafter.

The Veteran's tinnitus is rated at the maximum allowable under VA regulations, and a higher rating is not warranted.,Service connection for sleep apnea has been granted as it was proximately caused by service-connected sinusitis.

The Veteran's L4-5 facet arthropathy is service-connected, with the Board finding that continuous symptoms since service separation warrant this decision.,Service connection for sleep apnea was denied as the Veteran's chronic sleep impairment is already compensated through his major depressive disorder.

The Board has denied service connection for diabetes mellitus, nonproliferative diabetic retinopathy (claimed as an eye condition), peripheral neuropathy of the bilateral lower and upper extremities, left shoulder disorder, acquired psychiatric disorder, and sleep apnea.

The Board grants an effective date of February 24, 2010 for the award of service connection for sleep apnea. The Veteran's claim was filed on this date and he reported symptoms since his military service.

The Board has remanded the Veteran's claims for service connection for sleep apnea, hypertension, and a disability manifested by bilateral leg pain due to secondary to his service-connected PTSD with TBI. These issues require further examination and opinion.

The Board has remanded the Veteran's claims for low back disability, left knee disability, right knee disability, left ankle disability, right ankle disability, obstructive sleep apnea, and hypertension due to a lack of service treatment records. The VA is required to provide an examination where the information and evidence of record does not contain sufficient competent medical evidence to decide the claim.

The Board has determined that the Veteran does not have a current left knee disability, bilateral eye disability, sleep apnea, prostate cancer, diabetes mellitus, or acquired psychiatric disorder (including PTSD) and therefore service connection for these conditions is denied. The claims are being remanded to obtain additional VA treatment records and to schedule the Veteran for a new psychiatric examination.

The Veteran's hypertension is granted service connection as it was diagnosed within one year of separation from active duty. Service connection for sleep apnea and its aggravation by PTSD are remanded for further review.

The Board has remanded the claims for service connection for pulmonary fibrosis and sleep apnea due to asbestos exposure, herbicide exposure, or both. The claims are inextricably intertwined as a determination of one claim could affect the other.

The Board has determined that the Veteran's sleep apnea had its onset during service and granted service connection for this condition.

The Board denied service connection for an eating disorder, sleep apnea, diverticulitis, and headache disorders as secondary to the Veteran's service-connected acquired psychiatric disability (MDD/PTSD). The claims were not reopened due to lack of new and material evidence.

The Board has remanded the Veteran's claims for tinnitus, right wrist condition, left ankle condition, right ankle condition, and obstructive sleep apnea due to incomplete service treatment records and lack of verification of periods of active duty.

The Veteran's appeal for an increased rating of PTSD and service connection for sleep apnea is remanded due to the need for further development regarding the nature and etiology of his sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a disease or injury in service related to his current condition.