Sleep apnea decisions — 2019

The Veteran's appeal for a rating in excess of 10 percent for tinnitus is denied.,The appeal concerning service connection for headaches has been dismissed as moot because the benefit sought has already been granted.,The Veteran’s claim for service connection for sleep apnea, to include as secondary to PTSD with depression, is remanded. The examiner should determine if it is at least as likely as not that the Veteran's sleep apnea was caused or related to his active duty service and whether it is at least as likely as not that the Veteran’s sleep apnea is caused or aggravated by his service-connected PTSD with depression.,The Veteran’s claim for a rating in excess of 50 percent for PTSD with depression is remanded. The matter of TDIU (total disability rating based on individual unemployability due to service-connected disability) is also remanded as it is inextricably intertwined with the increased rating claim.,The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability is remanded.

The Veteran withdrew his appeals for all remaining issues on appeal, including service connection claims and rating decisions.

The Veteran's tinnitus is granted as service-connected.,For the period prior to June 7, 2018, an initial evaluation in excess of 30 percent for PTSD is denied.,For the period beginning June 7, 2018, an initial evaluation in excess of 70 percent for PTSD is denied.,Service connection for a lower back disability and sleep apnea are remanded due to insufficient evidence.,The Veteran's service-connected PTSD may be secondary to his service-connected asthma.

Service connection for broken feet, left ankle disorder, bilateral knee disorder, and hypertension has been denied.,The Veteran's TBI claim is remanded as additional records are needed to substantiate the claim.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and non-allergic rhinitis due to conflicting medical opinions. Additional development is needed, including obtaining an addendum opinion from a VA examiner.

The Board has remanded the claims for service connection for sinus problems, left ear hearing loss disability, sleep apnea (to include as secondary to bipolar disorder), gout, bilateral knee disabilities, and back disability due to new evidence submitted by the Veteran. The claims are being remanded for further development.

The Board has decided to remand the case due to insufficient reasoning in a previous VA examination, and further development is needed.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed disabilities. The issues include low back disability, bilateral radiculopathy, left hip disability, right hip disability, and sleep apnea.

The Veteran's sleep apnea and headaches are granted as secondary to her service-connected major depressive disorder with PTSD.,A disability rating of 70 percent for major depressive disorder with PTSD is granted, effective from December 30, 2015.

The Veteran's claims for increased evaluations of lumbosacral strain and esophagitis are being remanded due to the need for additional examinations and development.

The Board has remanded the claims for service connection for right ankle strain, left ankle strain, right foot strain, and left foot strain due to a lack of evidence establishing these conditions during service or otherwise related to service-connected disability.,There is no credible evidence of record indicating any current disabilities in the Veteran's feet or ankles.

The Veteran's initial compensable rating for bilateral hearing loss is denied.,The Veteran's initial rating in excess of 10 percent for fracture of the right medial malleolus is denied.

The Board has determined that an expert medical opinion is required regarding whether the Veteran's service-connected bilateral tinnitus caused or worsened his sleep apnea. The case is remanded for further examination and analysis.

The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.,Tinnitus was granted service connection, but the rating remains at 10 percent.,Sleep apnea, bilateral hearing loss, chronic neck pain, erectile dysfunction, right inguinal hernia, and an acquired psychiatric disorder are all remanded for further review.,The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's sleep apnea disability. The Veteran will need a new VA examination to determine if his sleep apnea is related to service or any other condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that her OSA is not caused or aggravated by her service-connected PTSD, migraines, and/or allergic rhinitis.

The Veteran's claims for service connection for kidney failure, status-post transplant, resulting in hypertension; nail fungus of the feet and hands; peripheral neuropathy; and sleep apnea have been reopened. However, the preponderance of evidence does not support a finding that these conditions are related to his military service.

The Board has decided that the Veteran's migraine headaches are not service-connected, but his obstructive sleep apnea is remanded for further review.

The Veteran's request to reopen the finally disallowed claim of service connection for sleep apnea was granted. The Board also found that the Veteran is entitled to service connection for obstructive sleep apnea as secondary to his service-connected PTSD with major depressive disorder.