Sleep apnea decisions — 2019

The Board has denied the Veteran's claims for service connection for right and left knee arthritis, hypertension, sleep apnea, intermittent rectal bleeding, reflux disorder, low normal platelet count, and papillary hyperplasia. The appeals are REMANDED for further development regarding skin tags and lesions.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as it had its onset during active service and there is no evidence of a link to his diabetes.

The Board denied service connection for obstructive sleep apnea (OSA) as it did not have its onset during military service and is not otherwise related to service. The Veteran's OSA was also not proximately due to, or aggravated by, her service-connected major depressive disorder.

The Veteran's claim for service connection for PTSD was reopened, and it is now granted. Other claims were denied or remanded.

The Veteran's appeal for service connection of a bladder disorder was granted. The appeals for lumbar spine, bilateral eye, kidney disease, liver disorder, and sleep apnea were denied.

The Veteran's obstructive sleep apnea and periodontal disease are granted as secondary to his service-connected diabetes mellitus type II.

The Veteran's claim for increased ratings for bilateral hearing loss, obstructive sleep apnea, and chronic rhinitis is being remanded due to the need for additional development.,The Veteran's TDIU claim is also being remanded as it is inextricably intertwined with the issues of increased rating for rhinitis and sleep apnea.

The Veteran's representative withdrew the appeal due to a complete grant of benefits for his migraine disability, leaving only three issues unresolved: depression, sleep apnea, and lumbar spine DJD. The Board dismissed these remaining issues as per the appellant’s representative's request.

The Board denied service connection for sleep apnea as the evidence did not show it began during active service or was related to an in-service injury, event, or disease.

The Veteran's appeal for an initial compensable rating for bilateral hearing loss was denied, and his claim for TDIU was granted.

The Board has remanded the claims for an earlier effective date and increased ratings for back disability, neuropathy of the lower right extremity, as well as a claim related to service connection on the basis of clear and unmistakable error (CUE).

The Veteran's claim for service connection for obstructive sleep apnea was denied in September 2005. The Veteran filed a timely Notice of Disagreement (NOD) and received a Statement of the Case (SOC). However, he did not file a timely Substantive Appeal within the required time frame. His June 2008 Substantive Appeal was accepted as a claim to reopen his service connection for obstructive sleep apnea. After additional evidence was submitted, service connection was granted in November 2011. The Board found that an earlier effective date could not be awarded because the Veteran's appeal was untimely.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, a low back disability, and sleep apnea. The claims are now remanded for further development.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is related to his service-connected PTSD. The issue of whether PTSD aggravates the obstructive sleep apnea was also resolved in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea (OSA). The case will be reviewed again with additional medical opinions and records.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including a VA examination and scheduling of a DRO hearing.

The Veteran's current sleep apnea is aggravated by his service-connected PTSD.,Evidence received since the denial of bilateral hearing loss has raised a reasonable possibility of substantiating the claim, and the Veteran's preexisting bilateral hearing loss was aggravated during service.

The Board has remanded several issues for further development, including service connection for various conditions and secondary service connection.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the condition had its onset in service.

The Board has decided to remand the case due to inadequate examination and medical opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.