Sleep apnea decisions — 2019

The Board denied service connection for residuals of a traumatic brain injury (TBI) or in-service head injury residuals, including memory loss and sleep disturbance.,The Board also denied service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected disabilities.

The Veteran's service connection claim for tinnitus is granted. The Board also remanded the issues of rating in excess of 10 percent for GERD with esophageal stricture and eosinophilic esophagitis, and chronic lumbosacral strain.

The Board has remanded the claims of service connection for lung disability, headaches, sleep apnea, hypertension, and esophagus disability due to missing active duty service treatment records.

The Veteran's chronic tension headaches are granted service connection. The other issues on appeal are remanded for further development.

The Veteran's PTSD is rated at 100 percent disabling from January 28, 2010. The lumbosacral strain is rated at 100 percent disabling from the same date. Effective January 28, 2010, the Veteran also receives a 100 percent rating for his service-connected PTSD and SMC based on housebound.

The Veteran's claims for service connection for PTSD and an acquired psychiatric disorder, to include sleep disorder are remanded due to the need for additional medical examinations.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities. The Veteran is denied a higher rating for tinnitus and hearing loss, but TDIU from April 1, 2011 to April 12, 2012 is granted.

The Veteran withdrew his appeals for the claims of service connection for various disabilities at a hearing before the Board.

The Veteran's petition to reopen the claim for service connection for obstructive sleep apnea was granted, and he is now entitled to this benefit. The issue of service connection for prostate cancer as secondary to prostate cancer remains pending and will be remanded.

The Board has denied the Veteran's claims for service connection for an abdominal hernia and obstructive sleep apnea, as well as a compensable disability evaluation for bilateral hearing loss. The evidence does not support a finding that these conditions began during active service or are otherwise related to in-service injury or disease.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is granted, but his claim for service connection for lumbosacral spine disability is denied.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms of OSA had their onset during active duty service and since separation.

The Veteran's anxiety, nervousness, and sleep disturbances are considered part of his service-connected PTSD. Service connection is granted for TBI but denied for other conditions including arthritis, skin cancer, jaw disability, residuals of parasitic worms, and liver disability.

The Board denied a rating in excess of 20 percent for the Veteran's lumbosacral spine disability, finding that her condition did not meet the criteria for such an increase.

The Board has decided to remand the case due to the need for additional evidence and a new medical opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Veteran's PTSD with major depressive disorder and panic disorder is granted a 100 percent disability rating. The claim for service connection for sleep apnea (claimed as secondary to service-connected PTSD and/or back disability) is remanded. The issue of entitlement to TDIU prior to June 10, 2015 is dismissed due to the grant of a 100 percent rating for PTSD. The issues of entitlement to an initial disability rating in excess of 20 percent for lumbosacral strain with spondylolisthesis and right knee medial femoral chondromalacia status post tibial osteotomy are remanded.

The Veteran's TDIU claim is remanded due to the need for additional evidentiary development and a functional assessment of her service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a low back disability, diagnosed as lumbosacral strain and degenerative arthritis. The condition is considered to be etiologically related to active duty service.

The case is being remanded due to the need for additional development, including obtaining outstanding private treatment records from Palestine Regional Medical Center.

The Board denied the Veteran's claim of service connection for obstructive sleep apnea (OSA) as secondary to obesity caused by his major depressive disorder, finding that there is no evidence linking OSA to service-connected major depressive disorder.