Sleep apnea decisions — 2019

The Veteran's sleep apnea is not shown to have been manifested in service or for several years following service, and it is not shown to be etiologically related to his service. Therefore, the claim for service connection for sleep apnea is denied.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of chronic in-service injury or disease and no continuity of symptomatology. The Board also found that the Veteran did not meet the criteria for presumptive service connection under 38 C.F.R. § 3.309(a).

The Veteran's service connection claims for various conditions, including coronary artery disease and unspecified depressive disorder with alcohol use disorder, have been granted. The remaining issues are either denied or remanded.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current condition was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found no continuity of symptomatology since service.

The Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder, including PTSD and adjustment disorder with depressed mood, were denied as the evidence did not establish a link between these conditions and his military service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is related to his military service, granting service connection for this condition.

The Veteran's appeal for SMC higher than (m) plus (k) was denied as his service-connected disabilities do not meet the criteria for a higher rating under section 1114(o). The Veteran has more than one disability rated at 100 percent, but does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).

The Board has determined that the Veteran's sleep apnea is not related to service or a service-connected disability, and therefore denied his claim for service connection.

The Veteran's sleep apnea and ED were denied as not being related to his service-connected PTSD.,Peripheral neuropathy of the left and right lower extremities was also denied due to lack of evidence showing onset during service or connection to service.

The Board has remanded the cases for additional development, including obtaining missing documents and private treatment records. The Veteran is also asked to submit any additional medical evidence related to his sleep apnea disorder.

The Veteran's claim for service connection for receding gums and obstructive sleep apnea is being remanded due to the need for additional development.

The Board has remanded the Veteran's claims for service connection and increased evaluations due to incomplete records, including a lack of sleep study documentation. The Veteran is also seeking earlier effective dates for his radiculopathy disabilities.

The Veteran's TDIU claim is granted effective June 1, 2011, the date of his separation from service. The decision was based on his service-connected disabilities and their impact on his ability to work.

The Veteran's claims of service connection for obstructive sleep apnea and an acquired psychiatric disorder (including PTSD) are remanded due to the need for additional development, including VA examinations.

The Board has allowed the Veteran's request to reopen his sleep apnea claim and granted service connection for tinnitus. The claims of service connection for sleep apnea and bilateral hearing loss are remanded for further development.

The Veteran's current obstructive sleep apnea is proximately due to his service-connected diabetes, and the Board has granted service connection for this condition.

The Veteran's claim for increased ratings and service connection has been granted. The left knee scars are rated at 10 percent, right knee arthritis is rated at 10 percent, and the Veteran was granted new and material evidence to reopen his claims for service connection of various conditions including PTSD, depressive disorder, sleep apnea, gastritis, GERD, and others.

The Veteran's appeal for restoration of a 40 percent rating for lumbosacral strain and higher initial ratings for unspecified depressive disorder (previously characterized as adjustment disorder with mixed anxiety and depressed mood) has been dismissed due to the withdrawal request by the Veteran’s attorney.

The Board has granted service connection for acne, including acne vulgaris, acne rosacea, nodulocystic acne, and residuals of chloracne. The Veteran's current skin disability is linked to his in-service herbicide agent exposure.

The Board has determined that the Veteran's emphysema and sleep apnea are not related to his active duty service. The case is being remanded for further development.