Sleep apnea decisions — 2019

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not caused or aggravated by his military service or a service-connected disability.

The Veteran's claim for service connection for bilateral pes planus has been reopened and granted. The Board found new and material evidence to support the reopening of this claim.,Service connection was established for OSA as secondary to PTSD.

The Board has granted service connection for the Veteran's diagnosed sleep apnea, finding that it is at least as likely as not related to his active duty military service. The decision also acknowledges the Veteran's lay statements and testimony regarding a continuity of pertinent symptoms since service.

The Board has remanded the Veteran's claims for obstructive sleep apnea and diabetes mellitus, type II due to insufficient evidence regarding their service connection. The Veteran contends that his conditions are related to his service-connected hypertension condition and environmental irritants from serving in the Persian Gulf.

The Veteran's appeal for service connection for a left knee disability was denied. The Veteran also had his claim for allergic rhinitis denied, and the rating for obstructive sleep apnea prior to February 3, 2016 was denied. However, the Veteran received a compensable rating (30%) for obstructive sleep apnea from that date.,The Veteran's left knee disability is not service-connected. His allergic rhinitis does not meet the criteria for a compensable rating under Diagnostic Code 6522. The Veteran was granted a 30% rating for his obstructive sleep apnea, effective February 3, 2016.

The Veteran's appeals on the merits have been dismissed due to his death.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder and TDIU. The Board found that there was no evidence of a current diagnosis of PTSD, and the Veteran did not provide verifiable stressor information during service. The combined disability rating is 90%, meeting the schedular criteria for TDIU.

The Board has remanded the Veteran's claims for an upper back disability and a right knee disability due to unclear diagnoses and inadequate examination findings. The claims are pending further clarification.

The Board has remanded the Veteran's claims for service connection for blood cancer, right knee arthritis with pain, left knee arthritis with pain, and sleep apnea due to a duty to assist error. The Veteran was not provided with a VA examination for his claimed conditions.

The Veteran's obstructive sleep apnea is found to be related to her time in active service and the claim for service connection is granted.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the adequacy of an opinion on the etiology of the Veteran's sleep apnea syndrome. The claim will be returned for further development.

The Board has remanded the Veteran's claims for GERD, OSA, and a right knee condition due to insufficient evidence regarding their etiology. The RO is instructed to obtain updated VA and private treatment records, confirm periods of active duty service, and schedule examinations to determine the nature and etiology of these conditions.

The Veteran's claims for service connection for bilateral hearing loss, sleep apnea, and bilateral leg cramps are denied as there is no evidence of current disabilities.,The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a current diagnosis. The Board notes that the Veteran has not submitted any specific argument with respect to his claimed sleep disorder.,The Veteran's claims for service connection for bilateral leg cramps and right shoulder tendinitis are remanded as there is insufficient medical opinion regarding their etiology.,The Veteran's claim for service connection for back pain is remanded as the evidence does not show a current diagnosis of a back disability. The Board notes that the Veteran reported back myalgias in August 2010.,The Veteran's claims for service connection for an acquired psychiatric disorder (adjustment disorder with depressed mood) and eye disability are remanded as there is insufficient medical opinion regarding their etiology.,The Veteran's claim for service connection for right shoulder tendinitis is remanded to determine if it is related to shoulder pain during service. The Board notes that the Veteran reported shoulder pain since 2007.,The Veteran's claims for service connection for back pain and eye disability are remanded as there is insufficient medical opinion regarding their etiology.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, and therefore grants service connection for this condition.

The Veteran's claim for service connection for sleep apnea was denied due to lack of evidence showing it was caused by his service-connected acquired psychiatric disorder. The claim for reopening the sleep apnea claim is granted, but the secondary theory of service connection is not met.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, and obstructive sleep apnea due to inadequate medical opinions. The Veteran is seeking service connection for these conditions on a direct basis.

The Board has dismissed all the issues related to service connection and rating for various conditions as it does not have jurisdiction due to the legacy appeals process.

The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for bronchitis has been received. The claims for service connection for lumbar spine disorder, left knee disorder, right knee disorder, and sleep apnea are being remanded for further development.

The Board has remanded the Veteran's claims of service connection for lower spine disability, headaches, and sleep apnea due to duty-to-assist errors.

The Veteran's claims for service connection for right lower extremity peripheral neuropathy and sleep apnea have been granted due to the submission of new and relevant evidence.,Service connection has also been granted for right upper, left upper, and right lower extremity peripheral neuropathies. The Veteran's scar on his right shin and knee is denied.