Sleep apnea decisions — 2020

The Veteran's initial compensable evaluation for sleep apnea was denied because he failed to report for a necessary VA examination.

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

The Veteran's service-connected acquired psychiatric disability is found to be etiologically related to his obstructive sleep apnea, granting service connection for this condition. The Veteran's pseudofolliculitis barbae and headache disabilities are also found to be etiologically related to active duty service, leading to the grant of service connection for these conditions.

The Board has determined that the Veteran's sarcoidosis is related to his in-service exposure to environmental hazards in Southwest Asia during the Persian Gulf War. The issues of service connection for obstructive sleep apnea and hypertension are remanded due to the need for additional medical opinions.

The Board has determined that the Veteran's obstructive sleep apnea is related to her service and grants service connection for this condition.

The Veteran's sleep apnea is associated with his service-connected asthma/COPD, but the VA examiner found that it was less likely than not caused by or aggravated by his service-connected condition. The Board has ordered a new medical opinion to address the effects of medications used in treating his asthma/COPD on his sleep apnea.

The Board denied the Veteran's claims for service connection for sleep apnea and TDIU based on his service-connected disabilities. The decision found that there was no evidence of a current disability related to service or service-connected conditions, and that the Veteran's employment status did not preclude him from securing or following substantially gainful employment.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no clear and unmistakable evidence of pre-service sleep apnea and that the medical evidence does not support a finding that his current condition was incurred in service.

The Board has determined that further development is needed to determine the etiology of the Veteran's claimed conditions, including prostatitis, obstructive sleep apnea and related conditions, insomnia, fatigue, and erectile dysfunction. The claims are being remanded for this purpose.

The Board has dismissed all claims for service connection and rating determinations as the Veteran died during the appeal process.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his active duty service, and therefore grants service connection for this condition.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim of service connection for a sleep apnea disability, including obtaining an adequate VA examination and opinion.

The Board has granted service connection for a chronic sinus condition, but denied the remaining claims including prostate condition, right knee condition, depressive disorder, deviated septum, sleep apnea, erectile dysfunction (ED), low testosterone condition, and hypertension.

The Board has ordered a remand for the Veteran to be examined regarding his obstructive sleep apnea, specifically whether it is related to service, secondary to PTSD and diabetes mellitus, or due to Agent Orange exposure.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current sleep apnea disability did not begin during active service and is not otherwise related to an in-service event, injury or disease. The Board also found that it was less likely than not that the Veteran’s sleep apnea began during service.

The Board denied service connection for sleep apnea, bilateral hearing loss (right and left ears), right knee condition, left knee disability, diabetes mellitus, and hypertension. The evidence did not establish a link between these conditions and active duty.,There is no current evidence of in-service injury or disease that could be linked to the Veteran's current disabilities.

The Veteran's disability rating for chronic lumbosacral muscle strain, degenerative changes and lumbosacral spine instability, and sacroiliac arthritis was restored to 40 percent effective March 1, 2016. For the entire rating period on appeal, a higher disability rating is denied.

The Board has granted effective dates of August 28, 2013 for the grant of service connection for sleep apnea, urinary incontinence, fecal incontinence, right upper extremity paralysis and left upper extremity weakness. The AOJ is instructed to readjudicate the claims for an earlier effective date for TDIU and SMC based on Aid and Attendance.

The Board has granted the Veteran's petition to reopen his claims for service connection for sleep apnea, right hip bursitis, a lumbar spine disability, and a depressive disorder. The appeals are now remanded due to new evidence received since the last final decisions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current condition did not begin during active service and is not otherwise related to an in-service event, injury, or disease.