Sleep apnea decisions — 2019

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a nexus between his current condition and active service or as secondary to his service-connected PTSD.

The Veteran's clothing allowance for bilateral crutches used in 2018 is granted due to the wear and tear caused by his service-connected disabilities, specifically peripheral neuropathy.

The Veteran's obstructive sleep apnea is granted as service connected, with no specific rating assigned and effective date not specified.

The Board denied the Veteran's claims for increased ratings and service connection for various conditions, including bilateral hearing loss, tinnitus, back disorder, hypertension, diabetes mellitus, hepatitis C, sleep apnea, left leg disorder, right leg disorder, PTSD, and depressive disorder. The criteria for a higher rating were not met in any of these cases.

The Board denied service connection for obstructive sleep apnea as the evidence did not show a link to service, and the Veteran failed to attend his scheduled VA examination.

The Veteran's claims for service connection have been reopened, and the Board has determined that new and material evidence has been received to reopen the claims for jaw condition, left shoulder disability, bilateral wrist disability, acquired psychiatric disorder (including PTSD, depression, and schizophrenia), left hip disability, sleep apnea, and arthritis of various joints. The appeals are granted.

The Veteran's claim for service connection for obstructive sleep apnea was denied, and his PTSD rating prior to May 8, 2017, was also denied. For the period beginning May 8, 2017, a higher rating of 70% for PTSD was denied.

The Board has denied service connection for sleep apnea and remanded the issue of initial rating for other specified trauma and stressor-related disorder.

The Board has determined that the Veteran's pre-existing pes planus was aggravated by service and granted service connection for this condition. The remaining issues of service connection for bilateral ankle disability, back disability, and sleep apnea are remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss was denied in August 2009 and is not being reopened.,The Veteran's claims for service connection for hypogonadism and sleep apnea were reopened due to new evidence received since the December 2013 decision, but the issue of service connection remains remanded as it pertains to aggravation or secondary conditions.,The Veteran's claim for service connection for TBI was remanded due to insufficient information regarding its nature and etiology.,The Veteran's claim for a rating in excess of 50 percent for PTSD is being remanded, and the issue of TDIU remains remanded as it pertains to employability issues related to his service-connected disabilities.

The Board denied service connection for obstructive sleep apnea and various rating claims, finding the Veteran's current OSA not caused by or related to his military service or a service-connected disability.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including GERD, migraine headaches, sleep apnea, fatigue, and knee disabilities. The claims are being remanded to allow for further examination and opinion.

The Veteran's petition to reopen a claim of service connection for eye disability was granted. Service connection for sleep apnea, tinnitus, stomach conditions, and migraine headaches were all granted with effective dates ranging from May 5, 2017 to June 23, 2017. The Veteran's low back disability, acquired psychiatric disability, seizures, and TDIU claim are still pending.

The Veteran's increased ratings for his sleep apnea, bilateral maxillary sinusitis, and right ankle disabilities are being remanded due to the need for additional development.

The Board has remanded the cases of sleep apnea, bilateral hearing loss, and hoarseness for further examination and evaluation. The Veteran's claims are not granted as there is no evidence of a current disability related to these conditions.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he has an associate degree and prior work experience. The Board finds that the Veteran is able to secure and follow a substantially gainful occupation.

The Veteran's claim for a higher rating for his back disability and radiculopathy of the lower extremities has been denied. The effective dates for service connection have also been dismissed or denied.

The Board has determined that the Veteran's sleep apnea began during his active service and granted service connection for this condition.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms are attributable to his in-service loud snoring and excessive daytime sleepiness. The Board also found that these symptoms were present since service and are consistent with OSA.

The Veteran withdrew his appeals for service connection for sleep apnea, a higher evaluation for allergic rhinitis, and a revision of the December 2007 rating decision denying service connection for a cervical strain on the basis of clear and unmistakable error (CUE).