Sleep apnea decisions — 2019

The Veteran's acquired psychiatric disorder, obstructive sleep apnea, diabetes mellitus, neuropathy of the bilateral upper and lower extremities are all granted as secondary to his service-connected musculoskeletal impairments.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea (OSA) is proximately due to his service-connected type II diabetes mellitus, resulting in weight gain. As such, the claim for secondary service connection for OSA is granted.

The Veteran's Bell’s Palsy is denied as there is no current diagnosis.,Service connection for OSA is granted based on in-service onset and current diagnosis.,Service connection for bilateral knee patellofemoral pain syndrome is granted due to in-service onset and current diagnosis.,Service connection for MDD, with anxious distress, is granted based on in-service onset and current diagnosis.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The Board has remanded the issues of service connection for tinnitus, rhinitis, a neck disability, and a rating in excess of 20 percent for a back disability, as well as TDIU due to service-connected disabilities.

The Board has remanded the claims for service connection for tinnitus, bilateral hearing loss, and obstructive sleep apnea due to new evidence received since the July 2018 Statement of the Case.

The Veteran's claims for service connection for right eye disability, right ankle disability, weight loss, and sleep apnea have all been denied. The evidence does not establish the presence of a current disability in any of these conditions.,Specifically, there is no medical evidence showing that the Veteran currently has a right eye disability or right ankle disability.

The Board denied service connection for Obstructive Sleep Apnea, finding that the evidence did not support a link to active service or to Posttraumatic Stress Disorder (PTSD), which was already service-connected. The Board also denied secondary service connection.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected rhinosinusitis and major depressive disorder. His rating for major depressive disorder from January 9, 2015, is granted at 70 percent. The issues of right knee disability, residuals of left testicle surgery, and TDIU are remanded.

The Veteran's service-connected obstructive sleep apnea is granted, and his RLE radiculopathy remains at a 10 percent rating. The Board also grants the Veteran an increased rating for IVDS of the lumbar spine prior to July 28, 2015.

The Veteran's service-connected disabilities (traumatic injury of the lumbosacral spine, adjustment disorder with depressed mood, and tinnitus) do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims for further development due to unresolved issues regarding his exposure to toxic chemicals during service and verification of his reserve service.

The Board has found that the Veteran's asthma is related to his exposure to burn pits during service. The issue of service connection for obstructive sleep apnea remains pending and requires further examination and opinion.

The Board has decided to remand the case due to the need for an addendum opinion regarding whether the Veteran's service-connected PTSD may have caused or aggravated his obstructive sleep apnea.

The Veteran's bilateral hearing loss has been rated as noncompensable (zero percent) since September 2014. The RO denied an increased rating for this condition.,The Veteran's OSA with bronchitis was initially rated at 50 percent effective November 24, 2015. The RO denied a higher rating in excess of 50 percent.,Prior to November 24, 2015, the Veteran's bronchitis was rated as noncompensable (zero percent). The RO denied an increased rating for this condition.

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives regarding the issue of entitlement to service connection for sleep apnea. Another remand is required.

The Veteran's sleep apnea is granted as secondary to service-connected chronic sinusitis. However, the Veteran's bilateral hearing loss does not meet the criteria for a compensable rating prior to May 2, 2019 and over 40 percent thereafter.

The Board has decided to remand the case for further development, including obtaining a new VA medical opinion on direct and secondary service connection for sleep apnea.

The Board has remanded the claims for service connection due to new and material evidence having been submitted. The Veteran's lumbar spine strain, spondylosis, and right knee disability are to be evaluated by a VA examiner.

The Board has denied service connection for bilateral hearing loss. The issues of service connection for PTSD and sleep apnea are remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current sleep apnea and his military service.