Sleep apnea decisions — 2019

The Veteran's claims for higher ratings and service connection are being remanded due to the need for additional examinations, consideration of new evidence, and clarification of etiology.

The Veteran's service connection claim for obstructive sleep apnea is denied, and an initial rating of 50% for migraines is granted.

The Veteran's hypertension is currently rated as 10 percent disabling. The Board has remanded the issues of entitlement to separate compensable ratings for erectile dysfunction and chest pain, and service connection for sleep apnea (claimed as sarcoidosis).

The Board denied the Veteran's claims for service connection for a respiratory disorder, including obstructive sleep apnea. The decision found that the Veteran's current obstructive sleep apnea was not caused by his active duty service or due to environmental exposures like burn pits in Iraq. The claim was also denied as secondary to his service-connected PTSD.

The Board has decided to remand the case due to incomplete medical opinion regarding whether the Veteran's sleep apnea is directly related to service and if it was caused or aggravated by his service-connected asthma.

The Veteran's claim for increased ratings and service connection for radiculopathy of the lower extremities, as well as TDIU, are remanded due to incomplete evaluations.

The Veteran's sleep apnea is found to be proximately due to, caused by and aggravated beyond its natural progression by his service-connected allergic rhinitis and chronic bronchitis.

The claim for service connection for high cholesterol has been dismissed.,The previously denied claim for service connection for a left ankle condition is reopened, but the new evidence does not meet the criteria for service connection.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's sleep apnea, specifically related to exposure during service and asbestos exposure.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected other specified trauma and stressor related disorder, and thus grants service connection for this condition.

The Veteran's service-connected unspecified depressive disorder, obstructive sleep apnea, lumbar spine degenerative disc disease, bilateral hearing loss, and tinnitus are granted. The effective dates for these conditions remain at the date of receipt of the claim to reopen following the final denial in February 2006.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of symptoms during service and noting that the condition was diagnosed 37 years after separation. The Board also found that the Veteran’s current sleep apnea is not related to exposure to asbestos or poor ventilation in service.

The Board has remanded the case for a VA examination to determine the nature and etiology of the Veteran's sleep apnea. The current rating for bilateral hearing loss remains noncompensable.

The Veteran's claims for GERD and sleep apnea were reopened due to new evidence. His PTSD claim was denied, but he is not seeking a higher rating as his symptoms do not meet the criteria for a 70% disability rating. The total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Veteran's PTSD, right knee condition, tinnitus, sleep apnea, and traumatic brain injury are all granted. The PTSD is rated at 70 percent prior to October 2018 and 100 percent since then.

The Veteran's claim for an increased rating for his low back disability was denied, and the Board remanded it. The effective date of the 20% rating is October 22, 2015.,The Veteran's service connection for left wrist tendonitis and a genitourinary condition (claimed as urinary frequency) secondary to lumbosacral strain with intervertebral disc syndrome was remanded.

The Veteran's disability ratings for lumbosacral spine strain and TDIU are being remanded due to the need for additional medical records and examination.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Veteran's obstructive sleep apnea is found to be at least as likely as not related to his active duty service, and the claim for service connection is granted.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea, low back disability, right knee disability, left knee disability, and acquired psychiatric disorder due to insufficient evidence or need for further examination.