Sleep apnea decisions — 2019

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected disabilities or exposure to herbicide agents.

The Board denied the Veteran's claims for service connection for bilateral knee disorders, respiratory disorder manifested by difficulty breathing, obstructive sleep apnea (OSA), heart disease, diabetes mellitus, type II, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and posttraumatic stress disorder with depressive disorder NOS. The decision also remanded several issues for further review.

The Veteran's claim for service connection for sleep apnea is granted with an effective date of July 6, 2014.

The Board denied service connection for residuals of inguinal hernia due to the absence of a current disability. The back condition and sleep apnea claims are remanded as there is insufficient evidence to determine their etiology.

The Veteran's depressive disorder, left foot scar, intervertebral disc syndrome/lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have all been granted service connection. However, the effective dates for these grants are not earlier than February 13, 2003 (depressive disorder), June 17, 2015 (left foot scar), May 9, 2012 (intervertebral disc syndrome/lumbosacral strain and radiculopathy of the lower extremities).,The Veteran's depressive disorder has been rated as 70 percent disabling. The Board denied an initial rating greater than 70 percent.

The Veteran's appeal is denied as there is no legal entitlement to a compensable initial rating for bilateral hearing loss prior to January 17, 2017 and in excess of 10 percent thereafter. The discontinuation of the 10% disability rating under 38 C.F.R. § 3.324 was proper.

The Board has remanded the case due to a need for an opinion regarding the cause of the Veteran's death, specifically whether his service-connected conditions contributed to his cancer and ultimately caused his death.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a link between his current condition and his military service.

The Board has remanded the claims for squamous cell adenocarcinoma of right mandibular buccal mucosa, residuals of left fibula harvest associated with squamous cell adenocarcinoma, scars of the neck, head and face associated with squamous cell adenocarcinoma, a left leg scar associated with squamous cell adenocarcinoma, and a left upper arm scar status post skin graft associated with squamous cell adenocarcinoma due to inadequate opinion in the November 2015 VA examination.

The Board has remanded the cases of bilateral hearing loss, a respiratory condition including asthma, and sleep apnea for further development. The Veteran's VA treatment records from 2004 onwards need to be obtained.

The Board has decided to remand several service connection claims due to inadequate notice and the need for additional medical examinations.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD.

The Veteran's appeal for a compensable rating for allergic rhinitis was denied. Service connection for obstructive sleep apnea secondary to service-connected allergic rhinitis was granted, but the appeal for sinusitis was denied.

The Board has granted service connection for obstructive sleep apnea but has remanded the issue of service connection for gastrointestinal condition.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of sleep apnea did not manifest in service and is not otherwise related to his service.

The Board denied service connection for sleep apnea, finding that it is not related to the Veteran's service or any service-connected conditions.

The Board has remanded several issues related to the Veteran's service connection claims, including for new evidence to reopen some of the claims. The VA is instructed to obtain SSA records.

The Board has remanded the case due to an inadequate VA examination and a need for updated treatment records.

The Veteran's appeal for service connection on all three issues (bilateral pes planus, plantar fasciitis, and sleep apnea secondary to PTSD) is remanded due to the need for additional medical opinions.

The Veteran's petition to reopen the claim for service connection for sleep apnea is granted. The claims for service connection for migraine headaches and secondary to sleep apnea are remanded.