Sleep apnea decisions — 2019

The Veteran's claim for service connection for fatigue is denied.,The Veteran's earlier effective date claim for PTSD is referred back to the RO for consideration in the first instance.,The Veteran's bilateral hearing loss rating is remanded due to a possible worsening of his condition since the last examination.,The Veteran's IBS rating is remanded as there are no updated treatment records and an examination is needed to assess current severity.,The Veteran's lumbar spine disability rating is remanded as he reported worsening symptoms and additional private provider records need to be obtained.,The Veteran's service connection claim for a neurological condition, secondary to his lumbar spine disability, is remanded due to its inextricability with the lumbar spine rating issue.,The Veteran's hypertension claim is remanded as an examination is needed to determine if it is related to service and/or herbicide exposure.,The Veteran's sleep apnea claim is remanded as opinions are needed regarding whether it is secondary to PTSD or directly related to service.

The Veteran's claim for an earlier effective date for tinnitus was denied as the earliest claim for service connection was received on April 28, 2015.,Service connection for bilateral hearing loss was denied because there is no evidence of a current disability meeting VA criteria.

The Veteran's claims for service connection for tension headaches, an acquired psychiatric disorder, sleep apnea, GERD, and hypertension have been reopened.,Service connection has been granted for these conditions.

The appeal of the issue of entitlement to service connection for diabetes mellitus, type II is dismissed. The appeals for increased disability evaluation in excess of 10 percent for left-wrist disorder, service connection for left-hand numbness (to include carpal tunnel syndrome), service connection for an acquired psychiatric disorder, to include PTSD, service connection for kidney disorder, to include as secondary to medications prescribed for hypertension and/or an acquired psychiatric disorder, to include PTSD, and service connection for obstructive sleep apnea, to include as secondary to an acquired psychiatric disorder, to include PTSD are all remanded.

The Board has remanded several issues for further development, including service connection claims and rating determinations. The Veteran's obesity claim is denied as it is not a disability for VA compensation purposes.

The Veteran's claim to reopen his service connection for a lower back disability was granted. However, the claim itself remains denied as there is no evidence showing that his current condition is related to his military service.

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

The Board has remanded the claims for service connection for OSA and an acquired psychiatric disorder due to insufficient examination findings.

The Board denied an earlier effective date for the grant of service connection for obstructive sleep apnea, finding that the earliest possible assignable effective date is February 7, 2011.

The Veteran's initial rating for right inguinal hernia was denied, and his service connection claims for left shoulder disability, lumbosacral strain, and left ankle disability were not granted. The claim for right thumb disability is pending remand.,Service connection for lumbosacral strain has been established based on continuity of symptomatology.

The Board has granted the reopening of the claim for service connection for sleep apnea and determined that it is proximately due to or aggravated by service-connected disabilities.

The Board has granted service connection for both Obstructive Sleep Apnea and Gastroesophageal Reflux Disease (GERD) as they are deemed to have been incurred during the Veteran's service in Southwest Asia.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) began during his military service and granted service connection for OSA.

The Veteran's claim for an effective date prior to May 18, 2015 for the grant of service connection for PTSD has been denied as her NOD was not timely filed.,The Veteran's claim for an effective date prior to May 18, 2015 for the grant of service connection for lumbosacral strain has also been denied due to lack of a timely NOD.

The Board has determined that the Veteran's Obstructive Sleep Apnea is related to his service and granted service connection for this condition.

The Veteran's prostate disorder, sleep apnea, diabetes mellitus, glaucoma, hypertension, and cognitive disorder were not shown during service or within a year of discharge.,Service connection for these conditions is denied as the evidence does not establish that they are related to service.

The Veteran's lumbosacral strain with spasm is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's service connection claims for various disorders are remanded due to missing service treatment records. The AOJ is instructed to obtain these records and provide the Veteran with VA examinations if necessary.

The Veteran's claims for service connection for sleep apnea and heart disease, secondary to sleep apnea, are denied as the evidence does not support a relationship between these conditions and active duty service.

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