Sleep apnea decisions — 2019

The Veteran's application to reopen her claim of service connection for fibromyalgia was dismissed. Her application to reopen her claim of service connection for sleep apnea was granted.,Her applications to reopen her claims of service connection for right shoulder impingement, discoid lupus, urticaria, and bilateral galactorrhea were also dismissed. Her application to reopen her claim of an initial rating higher than 50 percent for sinusitis since November 10, 2011 was dismissed.,Her applications to reopen her claims of service connection for psychiatric disability and for a compensable rating for the bilateral breast fibrocystic condition were remanded. Her application to reopen her claim of service connection for sleep apnea was also remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to April 29, 2011. The evidence showed that the Veteran was able to work as an electrical engineer and consultant until January 2009, despite some physical impairments.

The Board has decided that the Veteran's obstructive sleep apnea may be related to his service-connected PTSD and is requesting a medical opinion to determine if this relationship exists.

The Veteran's claims for service connection and increased rating have been remanded due to the need for further evaluation and evidence. The Board found no new and material evidence for tinnitus, denied bilateral hearing loss, and remanded other issues.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his PTSD causes or aggravates his sleep apnea. Additional medical opinions are needed.

The Veteran's claim for service connection for a lumbar spine disorder has been reopened, and the Board is remanding this issue for further development.,Service connection was denied for fibromyalgia, OSA, cervical spine disorder, left elbow disorder, right elbow disorder, left knee disorder, and right knee disorder due to lack of evidence linking these conditions to service.

The Veteran's heart condition, diabetic retinopathy of the right eye, vision disabilities other than diabetic retinopathy of the right eye, and sleep apnea have been granted service connection. The heart condition is secondary to his service-connected diabetes mellitus.

The Veteran's lumbosacral strain with degenerative disc disease was rated at 10% prior to February 2, 2017, and increased to 20% thereafter. The appeal is denied as the disability does not warrant a higher rating based on current functional limitations.

The Board has granted service connection for sleep apnea, hypertension, BPH, and DM II. The conditions are found to be related to the Veteran's active service.

The Board has reopened the Veteran's claims for service connection for OSA and hypertension, finding new and material evidence. However, the claim for service connection for diverticulitis remains denied as there is no medical nexus between the Veteran's military service and his current condition.,Service connection for bilateral hearing loss, tinnitus, and hypertension has been denied due to a lack of evidence linking these conditions to service.

The Board denied service connection for a low back disorder, finding that the current lumbosacral strain is not related to the in-service lipoma excision and is more likely of recent origin.

The Veteran's initial claim for an initial compensable rating for his right breast scar status post-surgical excision right breast gynecomastia was denied. The Board found that the criteria for a higher or separate rating were not more nearly approximated.,The Veteran's earlier effective date claim for his right breast scar status post-surgical excision right breast gynecomastia was denied as there is no evidence of a prior claim within one year of separation from service. The RO granted service connection on the date of receipt of claim, May 22, 2015.,The Veteran's claims for service connection for his right wrist ganglion cyst (claimed as right-hand arthritis), sleep apnea (claimed as a sleep disorder), hypertension, and migraine headaches were all denied. The Board found that new and material evidence was not submitted to reopen these claims.,The Veteran's claim for service connection for an acquired psychiatric condition to include post-traumatic stress disorder and persistent depressive disorder was also denied.

The Veteran's service connection claim for obstructive sleep apnea (OSA) and a rating in excess of 70 percent for PTSD have been denied. The TDIU issue is being remanded.

The Veteran's service connection claim for obstructive sleep apnea, to include as secondary to his service-connected sinusitis, is denied because there is no evidence linking the sleep apnea to his time in service or to his service-connected condition.

The Veteran's hepatitis C was rated as noncompensable prior to April 20, 2016 and increased to 20 percent effective April 20, 2016. The Board found no higher ratings were warranted for the periods in question. Sleep apnea service connection is remanded due to lack of a medical opinion.

The Veteran's service connection claims for sleep apnea, Meniere’s disease, and BPPV have been granted. The Veteran is also entitled to TDIU from January 7, 2012 to June 19, 2014. Service connection for cerebellar vermian atrophy and depression are remanded.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's tinnitus and migraines are granted, with a 50% initial disability rating assigned. Service connection for lumbosacral strain is granted effective February 17, 2012, but the Veteran's claim for higher ratings remains pending. Service connection for PTSD is granted with an initial 70% disability rating and TDIU status from February 17, 2012.

The Board has determined that the Veteran's claimed conditions, including a back disability, sleep apnea, skin disability, and an acquired psychiatric disorder, were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for any of these conditions.

The Board has remanded the claims for herniated disc, asthma, emphysema, arteriosclerotic heart disease (ASHD), diabetes mellitus (DM), sleep apnea, arthritis, Crohn's disease, and renal insufficiency with hypertension (HTN) due to incomplete service records.

The Board found that the Veteran's sleep apnea did not have its onset in service and is not otherwise related to his active service, thus denying the claim for service connection.