Sleep apnea decisions — 2019

The Veteran's claim of service connection for sleep apnea has been reopened. The Board finds new and material evidence to support the reopening of his claim, but remands for further examination and opinion regarding the etiology of his sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea claimed as secondary to his service-connected PTSD, finding that there is no medical evidence linking the sleep apnea to his military service or his service-connected condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depressive disorder and intervertebral disc syndrome.

The Veteran's claims of service connection for left shoulder degenerative joint disease, headaches, and sleep apnea have been granted. His right knee instability has also been granted a rating of 30 percent. The Veteran's claims for increased ratings on his left ankle strain and degenerative joint disease as well as his right ankle strain are remanded.

The Veteran's appeal for service connection for chronic fatigue syndrome, right knee chondromalacia of the patella, and sleep apnea (also claimed as sleep disorder, jerking and restlessness) is remanded.,An effective date earlier than September 26, 2011 for the grant of service connection for PTSD is dismissed.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain prior to November 20, 2013 is denied.,The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain after November 20, 2013 is denied.,The Veteran's claim for total disability based on individual unemployability is granted.

The Board dismissed the appeals for service connection of cirrhosis of the liver, chronic obstructive pulmonary disorder, and sleep apnea due to the Veteran's death.

The Board has remanded several issues related to the Veteran's service connection claims, increased rating claims, and other matters due to inadequate findings in previous VA examination reports. The Veteran is required to provide additional evidence or undergo further examinations as directed.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a direct in-service injury or disease and insufficient medical opinion to establish a nexus between his current condition and active duty.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder.

The Veteran's claim for service connection for obstructive sleep apnea was denied. The Board found that the evidence did not support a finding of in-service onset or association with military service.,For radiculopathy, an increased rating to 40% was granted effective December 30, 2016, but no earlier.

The Board has determined that the Veteran's sleep apnea did not originate during his military service and is unrelated to any in-service injury, event, or disease. The preponderance of evidence does not support a finding that the Veteran's sleep apnea was incurred during service.

The Veteran's asthma, right maxillary cyst with sinusitis, and sleep apnea are all found to be related to his service. The Board granted the claims for these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and missing records. The issues include a gastrointestinal disorder and sleep apnea, both of which are being reviewed de novo.

The Veteran's diagnosed lumbosacral strain was likely aggravated by his service-connected residuals of a right ankle sprain, and the Board has granted service connection for this condition.

Service connection for anemia, brain tumor, sleep disability other than sleep apnea (claimed as insomnia), left shoulder strain, muscle spasms of the back, chest, and neck, skin disability (rash on stomach and arms), respiratory disability (shortness of breath), rhinorrhea, cyst of the left eye, bilateral leg claudication, and gastroenteritis is denied.,The Veteran's service treatment records are negative for complaints, diagnoses, or treatments related to these conditions. The post-service medical records do not provide evidence of current disabilities for any of these conditions.

The Board has granted service connection for sleep apnea (OSA) as it is etiologically related to the Veteran's service-connected tinnitus.

The Veteran's PTSD symptoms do not result in total occupational and social impairment, warranting a 70 percent rating. The case is remanded for further examination to determine the nature and etiology of his claimed sleep apnea.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to inadequate medical opinions. The Veteran is seeking service connection for these conditions, which he contends are related to his active service.

The Veteran's claims of service connection for an acquired psychiatric disability other than PTSD, OSA, and erectile dysfunction are granted. The claim for a higher rating for bilateral tinnitus is denied as it must be dismissed as a matter of law.