Sleep apnea decisions — 2019

The Board has decided to remand several claims related to the Veteran's exposure to mustard gas, herbicide agents, and/or other chemicals and/or toxins. The claims for prostate cancer, respiratory disorder (COPD), sleep apnea, hypertension, sinusitis, nerve condition, and headaches are being reviewed due to possible exposure during service.

The Board has decided to remand the case due to insufficient evidence regarding whether sleep apnea is related to service or to a service-connected condition, specifically cervical disc herniation C3-C4 with cervical stenosis.

The Veteran's cervical spine disability and headaches are granted as secondary to service-connected conditions. The Veteran is also granted increased ratings for his left knee meniscal degeneration, left foot sprain, and acquired psychological disability.

The Board has remanded the Veteran's claims for sleep apnea and heart disability due to insufficient evidence. The Veteran is diagnosed with these conditions, but his service connection remains in dispute.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and bilateral hearing loss disability due to lack of a VA medical examination or expert opinion, and the need to issue an SOC for the hearing loss claim.

The Veteran's sleep apnea is granted as secondary to his service-connected adjustment disorder with mixed anxiety and depressed mood. High cholesterol is not a compensable disability for VA purposes. The Veteran's Meniere’s syndrome, characterized by severe vertigo occurring more than once weekly, is granted a 100% rating.

The Veteran's claims for service connection and increased ratings are being remanded due to inadequate examinations and the need to obtain additional medical records.,The Veteran's claim for an earlier effective date is also being remanded as it is dependent on the outcome of his other claims.

The Veteran's claims for service connection for a right upper extremity condition and low back disability have been reopened due to the submission of new evidence. However, further development is needed as VA treatment records are missing.,VA has not provided an opinion regarding whether the Veteran’s current right upper extremity conditions (other than carpal tunnel syndrome) are related to his service or a service-connected condition.

The Veteran's left-ear hearing loss is granted as service-connected, while right-ear hearing loss and sleep apnea are denied.,The Veteran's degenerative disc disease of the lumbar spine remains at a 20% disability rating.

The Veteran's claim for service connection for sleep apnea is denied. The Veteran's claim for an initial disability evaluation of 70% for generalized anxiety disorder from August 12, 2013 to December 16, 2015 is granted. However, the Veteran's claim for a disability evaluation in excess of 70% for generalized anxiety disorder since December 16, 2015 is denied.

The Board has remanded the Veteran's claims for sarcoidosis, obstructive sleep apnea (OSA), hypertension, and asthma due to inadequate opinions based on lack of evidence supporting asbestos exposure. The Veteran will need new VA examinations to determine if these conditions are related to service.

The Board denied service connection for STD, prostate cancer, motion sickness/dizziness, and sleep apnea (secondary to PTSD). The TDIU claim is also remanded.

The Board has decided to remand the case due to incomplete information and requires an addendum opinion from a medical examiner regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD with residuals of traumatic brain injury.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on need for regular aid and attendance prior to January 12, 2010 due to insufficient evidence showing that his service-connected disabilities rendered him helpless enough to require regular aid and attendance.

The Board has remanded the Veteran's claims for service connection due to lack of a VA examination and consideration of new evidence. The issues include undiagnosed illness, diabetic retinopathy and retinal detachment (claimed as blindness), sleep apnea, hypertension, kidney failure, and diabetes mellitus.

The Veteran's sleep apnea and depressive disorder have been granted service connection as secondary to his service-connected lumbar and thoracic spine disabilities. Other claims remain pending.

The Veteran's service connection claims for allergic rhinitis, an undiagnosed Gulf War Illness manifesting in breathing issues, and obstructive sleep apnea are remanded due to insufficient medical opinions.

The Veteran's service connection claims for a chronic left knee disorder, lumbar spine disorder, upper gastroesophageal disorder, and obstructive sleep apnea were denied. The Board found that there was no evidence of a current disability or a link to active service.,There is no medical evidence showing the Veteran had any chronic left knee disorder during his military service or at any time since then.

The Veteran's claim for a higher rating for diabetes mellitus, type II is denied.,Service connection for erectile dysfunction (claimed as secondary to service-connected diabetes mellitus) is not granted. The request to reopen the claim of service connection for this condition is also denied.,Service connection for tinnitus is denied.,Service connection for multiple sclerosis is denied.,Service connection for sleep apnea is denied.,Service connection for a low back disability is denied.,Service connection for a skin condition is denied.

The Board denied service connection for right ear hearing loss, sleep apnea, and diabetes mellitus, type II due to lack of evidence showing in-service incurrence or continuity of symptomatology.