Sleep apnea decisions — 2019

The RO reduced the Veteran's disability evaluation for his service-connected thoracolumbar spine condition from 40 percent to 20 percent, effective November 1, 2015. The decision is being reversed as improper and the 40 percent rating is restored. However, both issues of an increased evaluation and TDIU are remanded due to need for additional evidence.

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

The Veteran's claims for service connection for sleep apnea, diarrhea, and reflux disease were denied. The claim for a higher rating for PTSD was also denied. The case is remanded for further evaluation on several issues including back disability, headaches, hypertension, bilateral shin disability, right knee disability, right heel disability, and right leg disability.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance is denied as there is no evidence of helplessness or inability to protect oneself from daily hazards.

The Board has denied the Veteran's claims for service connection for seborrheic dermatitis with rosacea and venous thrombosis right leg, claiming as Burger’s Disease. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for obstructive sleep apnea is granted, as new and material evidence has been submitted to reopen the claim. The Board finds that the Veteran meets the criteria for service connection due to his diagnosed OSA being present during active duty.

The Board has determined that a new VA examination is needed to determine the nature and likely cause of the Veteran's sleep apnea, which may be related to his military service.

The Veteran's claim for an increased rating greater than 10 percent for degenerative changes of the lumbosacral spine with intervertebral disc syndrome (IVDS) is being remanded due to inadequate examination and lack of information regarding flare-ups.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of October 1, 2004, the day following his separation from active service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his military service.

The Veteran's service connection claims for bilateral flat feet, unspecified anxiety disorder with posttraumatic stress disorder (psychiatric disability), migraine headaches, and kidney disability have been granted. The claim for acne was denied. Effective November 17, 2015, the Veteran is now receiving a 70 percent rating for his psychiatric disability.

The Veteran's diabetes mellitus is presumed to have been incurred within one year of discharge. The Board finds it as likely as not that the Veteran has a right hip disability, but there is no current diagnosis for this condition. Service connection for depression and sleep apnea are denied due to being part of PTSD.

The Veteran's claims for increased evaluations of his service-connected lumbosacral disc disease and PTSD, as well as his TDIU and special monthly compensation based on the need for regular aid and attendance have been remanded due to procedural issues and the need for additional examinations.

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,The Veteran's claim for service connection for a left ankle disability, depression (secondary to service-connected tinnitus, bilateral hearing loss, and residuals of healed fracture), and his current left fourth metacarpal phalangeal disability have been remanded.

The Veteran's sleep apnea is related to his service-connected depression and chronic pain conditions, which he uses opioid medications for. The Board granted the claim as it found that the Veteran's use of these medications caused or aggravated his sleep apnea.

The Board has remanded the Veteran's claims for service connection due to further development being necessary, including obtaining STRs and private medical records. The appeals are now pending again.

The Veteran's claims for service connection for sleep apnea, bilateral hearing loss, and tinnitus have been denied. The claim for an initial rating of 70 percent for PTSD has been granted.

The Board has granted service connection for obstructive sleep apnea, finding that it is at least as likely as not caused by the Veteran's service-connected PTSD and diabetes mellitus. The other claims were denied.

The Veteran requested to withdraw all his appeals regarding service connection for various conditions. As a result, the Board dismissed the appeal.