Sleep apnea decisions — 2019

The Veteran's appeals for service connection for hyperthyroidism and bilateral hearing loss have been dismissed.,The Veteran's appeals for service connection for residuals of laceration to the head, including cervical spine disability, vertigo, jaw disability and scarring; hypertension; right knee disability; erectile dysfunction (ED); and sleep disorder, including sleep apnea are being remanded.

The Board denied service connection for sleep apnea but remanded the issue of an effective date for PTSD. The Veteran's representative argued that there was CUE in a previous decision, which is now pending.

The Veteran's service connection claims for tinnitus, right foot plantar fasciitis, left foot plantar fasciitis, and bilateral hearing loss disability are granted. Claims for other conditions such as left foot ingrown toenail, right foot ingrown toenail, left shoulder, right shoulder, low back, right knee, left knee, sleep apnea, tachycardia, hypertension (claimed as high blood pressure), erectile dysfunction, TBI, headache, and acquired psychiatric disability are denied.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during active duty in Afghanistan and have been treated since then.

The Board has granted service connection for sleep apnea, but the remaining claims of entitlement to service connection for a right knee disability, dizziness, skin disability, and headaches are remanded for further development.

The Board has determined that the reduction of disability ratings for lumbar spondylosis and herniated disc, left lower extremity radiculopathy, and right lower extremity radiculopathy was improper. The appeal is granted in part as the original disability ratings are restored. Additionally, the claim for service connection for OSA has been denied due to lack of a current diagnosis.

The Veteran's claim for service connection for sleep apnea was denied. The initial evaluations for dysthymic disorder, tibia/fibular fracture with shin splints, right ankle, and tarsal tunnel syndrome, right foot were all denied. The umbilical hernia and residuals of laceration of the flexor tendon, left index finger, claims were also denied.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as his combined disability rating is only 40 percent.

The Veteran's headaches are granted service connection. The rating for hemorrhoids is granted at a 20% level effective August 31, 2011. Service connection for sleep apnea remains in dispute and requires further examination.,A VA examination will be conducted to determine the etiology of the Veteran’s obstructive sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea as there is no competent evidence of a current disability during the appeal period.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's sleep apnea, as there are conflicting opinions in the record regarding its onset during service.

The Board has remanded several issues including service connection for obstructive sleep apnea, rating for fibromyalgia with constipation, sinus disability, allergic rhinitis, hemorrhoids, and hysterectomy. The Veteran's TDIU claim is also remanded.

The Veteran's service connection claim for obstructive sleep apnea is remanded due to the need for proper notice under 38 U.S.C. § 1117 and a VA examination.

The Veteran's appeal is being remanded for additional development on the issues of service connection for glaucoma, heart disorder, hypertension, and sleep apnea.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including increased ratings for lumbar and cervical spine disabilities, TBI, and peripheral neuropathy. The Board has determined that additional examinations are needed due to the possibility of worsening symptoms since the last VA examination.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not aggravated by his service-connected PTSD.

The Veteran's claim for an evaluation in excess of 10 percent for patellofemoral pain syndrome of the right knee post arthropathy has been denied.,The Veteran's claim for service connection for lumbosacral strain with degenerative disc disease is being remanded.

The Veteran's obstructive sleep apnea is granted as secondary to the service-connected residuals of shell fragment wound. The right hip DJD, impairment of the thigh, and muscle injury are all rated at 50 percent. The deep and nonlinear scar on the right lower extremity is rated at 10 percent, while the superficial and linear scar is rated at 0 percent. Service connection for PTSD is granted.

The Veteran's appeal for service connection for sleep apnea is being remanded due to a technical issue with the RAMP program. The case will be processed again in accordance with the RAMP procedures.

The Board dismissed the Veteran's appeal for service connection for sleep apnea syndrome. The Veteran's vision loss and/or blindness of the left eye was not caused or permanently worsened by his service-connected disabilities, and his occipital neuralgia with migraine headaches have not resulted in very frequent, completely prostrating and prolonged attacks that are productive of severe economic inadaptability.