Sleep apnea decisions — 2019

The Veteran's claim for service connection for obstructive sleep apnea, secondary to his service-connected PTSD, is granted.

The Veteran's claim for service connection for a left shoulder disability was denied as no new and material evidence had been submitted.,Service connection for an acquired psychiatric disorder (PTSD) is granted, with the condition being related to military service.,Service connection for rheumatoid arthritis is denied due to lack of evidence linking it to service.,Service connection for a low back disability is denied as there is no evidence linking it to service.,Service connection for a right shoulder disability is denied as there is no evidence linking it to service.,Service connection for a skin disability is denied as there is no evidence linking it to service.,Service connection for liver disease is denied as there is no evidence linking it to service.,Service connection for sleep apnea is denied as there is no evidence linking it to service.

The Board denied the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea, finding that new and material evidence had not been submitted.

The Veteran's tinnitus is granted as service-connected.,There is no current diagnosis of sleep apnea, and the claim for this condition is denied.,Ischemic heart disease is not service-connected due to lack of evidence linking it to service.

The Board has determined that additional development is needed to determine if the Veteran's current sleep apnea disability is related to his active duty service. The appeal will be remanded for a VA examination.

The Veteran's TDIU claim is granted effective July 1, 2014. All other claims on appeal are dismissed as the Veteran withdrew his appeals for these issues in statements made at his September 2018 Board hearing.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and for sleep apnea as secondary to a service-connected condition.,Specifically, the Board found that there was no credible in-service stressor supporting the Veteran’s claim of PTSD. The Veteran did not engage in combat with an enemy, and his reported stressors were not corroborated by available records.

The Board has remanded the Veteran's claims of service connection for various conditions, including a back disorder, an eye disorder, obstructive sleep apnea and other sleep problems, acid reflux, skin disorders, headache disorder, peripheral neuropathy, and an acquired psychiatric disorder. The claims are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Veteran's sleep apnea is remanded for further examination to determine its etiology.

The Veteran's claims for service connection for sleep apnea, diabetes mellitus type II, hypertension, and a heart condition have been denied as there is no evidence of current disabilities or etiological relationship to service.,The Veteran's claims for service connection for schizophrenia and headaches have been remanded due to conflicting medical opinions and the need for further examination.

The Veteran's sleep apnea was incurred during service, and the Board granted service connection for this condition.

The Board has remanded several issues for further action, including service connection for sleep apnea and increased ratings for the Veteran's scars. The PTSD claim is also referred to the Agency of Original Jurisdiction (AOJ).

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for his lumbosacral spine disability and for an effective date prior to May 22, 2012, for TDIU due to service-connected disabilities. The Veteran needs further VA examinations to determine the current nature and severity of his lumbosacral spine disability.

The Board has determined that further development is needed, including scheduling a VA examination for the Veteran to determine if he has any sleep disability and whether it is related to his service. The case will be remanded for this purpose.

The Board denied service connection for various conditions, including thoracic herniated disc, spinal stenosis, bilateral hearing loss, tinnitus, sleep apnea, erectile dysfunction, a closed head injury, and an acquired psychiatric disorder (posttraumatic stress disorder with depression), all of which were determined to be not attributable to the appellant's period of active duty for training.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms were present during and after service. The appeal of service connection for headaches was dismissed due to withdrawal by the Veteran.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and opinions regarding his hypertension, skin condition, cervical spine disability, thoracic spine disability, right upper extremity radicular pain, pes planus, plantar fasciitis, and PTSD.

The Board denied service connection for lumbar spine disability, OSA, and hepatitis B as they are not related to the Veteran's military service.

The Board has remanded the Veteran's claim for a higher rating for his service-connected chronic lumbosacral myositis due to the need for a new VA examination and updated treatment records.

The Board has denied service connection for sciatica, left lower extremity due to lack of a current disability. The claim for snoring and breathing problems (claimed as sleep apnea) is remanded for further examination.