Sleep apnea decisions — 2020

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

The claims for service connection for right and left hip disabilities, low back disability, acquired psychiatric disability (including PTSD and depression), and sleep apnea have been dismissed due to the Veteran not timely initiating an appeal with respect to the June 2014 denial of these claims.

The Veteran's sinus disorder and sleep apnea with asthma and dyspnea claims were denied. The sinus disorder claim was denied as the pre-existing condition did not worsen during service, while the sleep apnea claim was denied for both periods of time.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected posttraumatic stress disorder. The VA needs to provide a new opinion addressing these issues.

The Board has remanded the claims for service connection for obstructive sleep apnea as secondary to service-connected dysthymia disorder and for a total disability rating based upon individual unemployability (TDIU) due to an inadequate medical opinion. The Veteran's claim for TDIU is inextricably intertwined with his claim for service connection for OSA.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his first period of active service and is related to this service. As a result, the claim for service connection for obstructive sleep apnea is granted.

The Veteran's claims for service connection for sleep apnea, COPD, and chronic fatigue syndrome are remanded due to the need for additional medical opinions. The claim for a skin condition is denied as there is no current diagnosis other than scars of the head and neck.

The Board has found that further development is needed for the issues of service connection for lung disease, sleep apnea, and skin cancer. The Veteran's service aboard USS Forrestal may need to be clarified regarding herbicide exposure.

The Board has remanded the claims for erectile dysfunction, gastrointestinal disorder, sleep apnea, hypertension, right ankle disorder, cold injury residuals in the lower extremities, low back disability, and heart disability due to incomplete service records.,The Veteran's claims of entitlement to service connection for a gastrointestinal disorder and sleep apnea are being remanded as they may be related to his service-connected acquired psychiatric disorder. The Board also directed that an opinion should be obtained on whether the Veteran’s hypertension is secondary to his service-connected acquired psychiatric disorder.,The Veteran's claim of entitlement to service connection for cold injury residuals in the lower extremities and right ankle disorder are being remanded as they may be related to his service-connected low back disability. The Board also directed that an opinion should be obtained on whether the Veteran’s heart disability is secondary to his hypertension.,The Veteran's claims of entitlement to a higher rating for right shoulder bursitis and degenerative joint disease prior to December 27, 2019, and in excess of 20 percent thereafter are being remanded due to incomplete service records. The Board directed that an examination should be obtained to estimate the functional loss during flare-ups.,The Veteran's claims for heart disability and hypertension are also being remanded as they may be related to his service-connected acquired psychiatric disorder.

The Veteran's appeal for service connection and ratings related to hearing loss, sleep apnea, coronary artery disease with stable angina, and PTSD was dismissed due to the death of the appellant before a decision could be made.

The Board has remanded the case due to incomplete examination and need for further clarification on the relationship between sleep apnea, service-connected lumbar spine disability, and obesity.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as well as whether his service-connected coronary artery disease, diabetes mellitus, and/or posttraumatic stress disorder (PTSD) aggravate his sleep apnea. The decision is based on the need for additional development of the record due to the Veteran's inability to attend in-person examinations.

The Veteran's esophageal cancer and related conditions are rated at 30 percent since November 21, 2013. The Board has remanded the issues of service connection for obstructive sleep apnea and determination of TDIU.

The Veteran's asthma is rated at 30 percent, and the Board denied a higher rating. The Veteran's sleep apnea is found to be secondary to his service-connected asthma.,Service connection for sleep apnea as secondary to asthma has been granted. However, the TDIU issue remains pending due to the need for further development.

The Board denied the Veteran's claims for service connection for a sleep disability, dizziness, and headaches. The Board found that there was no evidence linking these conditions to his military service or any service-connected disabilities.,The Board also noted that the Veteran’s current diagnoses of obstructive sleep apnea, peripheral vertigo, and headache disorder were not related to his in-service complaints or treatment.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his active duty in the Navy and have continued since then. The decision is based on credible lay evidence of symptoms observed by fellow service members.

The Board has granted an initial 50 percent rating for PTSD, effective from the date of the decision.,Service connection for bilateral hearing loss and tinnitus is denied.

The Veteran's major depressive disorder is granted as secondary to his service-connected diabetic peripheral neuropathy. The cases of obstructive sleep apnea, urinary disability (neurogenic bladder and voiding dysfunction), and asthma are remanded for additional development.

The Board has granted the Veteran's claims for clothing allowances for his back brace, right knee brace, and left knee brace for the 2013 calendar year, as well as for his back brace and left knee brace for the 2016 calendar year. The decision is based on the Veteran's service-connected disabilities causing wear and tear to his clothing.

The Veteran's asthma with sleep apnea is rated at 60 percent, and the Board has granted a TDIU based on his service-connected disabilities.