Sleep apnea decisions — 2019

The Board has determined that a VA examination and opinion are needed to determine the nature and etiology of any sleep apnea disability, including whether it is related to service.

The Board has remanded the case due to inadequate examination reports, and a new examination is required to assess the severity of the Veteran's service-connected lumbosacral strain.

The Board has denied service connection for various conditions, including right and left knee disabilities, a left ankle disability, tinnitus, bronchitis, headaches (secondary to rhinitis), and sleep apnea. The claims are remanded for further development in several areas.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional development, including authentication of a submitted medical record and an examination to determine the etiology of his condition.

The Board denied service connection for headaches, an acquired psychiatric disability (to include PTSD), and a lumbosacral spine disability due to lack of medical evidence showing current disabilities related to active service.,Service connection was also not granted for bilateral hearing loss and tinnitus as the Veteran's in-service audiological evaluations were conducted using ASA standards which need to be converted to ISO-ANSI standards.

The Board has determined that the Veteran's current obstructive sleep apnea is secondary to his service-connected PTSD, and therefore grants entitlement to service connection for this condition.

The Board has remanded the appellant's claims for bilateral hearing loss, tinnitus, eye disability, skin disability (pseudofolliculitis barbae), sleep apnea, hypercholesterolemia, heart disability, COPD, lung disability other than COPD, diabetes mellitus, type II, hernia, low back disability, left knee disability, right knee disability, left foot disability, and right foot disability. The claims are remanded due to the need for additional medical examinations and records.

The Veteran's claim for service connection for obstructive sleep apnea as secondary to PTSD and diabetes mellitus is granted. The claims for initial compensable ratings for allergic rhinitis, cataracts, and bilateral hearing loss are denied. The claim for a higher rating for diabetes mellitus remains denied. The effective dates for the grants of service connection for rhinitis and cataracts remain denied.

The Veteran's combined disability rating is currently at 100%, but he has not been granted a permanent and total disability rating for any of his service-connected conditions. The Board denies the claim as there is no legal basis to grant Dependents' Educational Assistance (DEA) benefits.

The Veteran's claim for service connection for a respiratory disability, including sleep apnea, is being remanded due to the need for a VA examination and medical opinion.

The Board has remanded the case due to insufficient evidence regarding the onset of the Veteran's sleep apnea during his active duty service. The Veteran was diagnosed with sleep apnea in September 2011, and he submitted lay statements indicating that his symptoms had been present since his active duty service. However, the STRs do not show treatment for sleep apnea while on active duty, and a private medical report is deemed insufficient due to lack of review of specific periods of active duty service.

The Board finds that remand is necessary prior to adjudicating the claim of service connection for sleep apnea due to insufficient competent medical evidence on file.

The Board has remanded several issues related to the Veteran's service-connected myxofibrosarcoma of the right leg, including rating claims and TDIU and SMC claims. The main issue is that there may be additional functional impairment not captured by current ratings.

The Board has granted service connection for bilateral tinnitus and obstructive sleep apnea. The claims for a lumbar spine disability, bilateral hearing loss, and an acquired psychiatric disorder are being remanded for additional development.

The Veteran's PTSD with alcohol use disorder due to military sexual trauma is granted a 70% rating from November 1, 2015, to prior to January 4, 2017. A higher rating is denied for the period of January 4, 2017, to prior to March 21, 2018, and from June 1, 2018, onwards.

The Board has determined that there is an approximate balance of positive and negative evidence regarding the Veteran's obstructive sleep apnea, granting service connection as secondary to his service-connected post-traumatic stress disorder.

The Board has remanded the claims for service connection due to insufficient evidence, and additional medical opinions are needed.

The Veteran's application to reopen his claim of service connection for ulcerative colitis was granted, and he is now entitled to service connection for this condition. The claims for sleep apnea, back disability, arthritis, and gout are remanded for further review.

The Veteran is granted a TDIU rating effective prior to February 27, 2015 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's service-connected obstructive sleep apnea, arteriosclerotic heart disease with premature atrial contractions and intermittent paroxysmal atrial tachycardia, and hypertension do not preclude him from securing or following a substantially gainful occupation.