Sleep apnea decisions — 2020

The Board has vacated the July 16, 2019 decision and remanded several issues related to service connection for various conditions. The claims are now pending with the RO for further review.

The Board has remanded the issues of entitlement to service connection for sleep apnea and entitlement to a TDIU due to inextricably intertwined issues with the pending claim of higher staged initial ratings for PTSD. The appeal is REMANDED.

The Veteran's claim for sleep apnea is being remanded as the date of claim is not clear.,A 30% rating has been granted for migraine headaches, effective from September 4, 2018.

The Veteran's claim of service connection for an acquired psychiatric disorder, to include anxiety, depression and PTSD is dismissed as the benefit sought on appeal has been granted.,The Veteran's claim of service connection for memory loss is denied because it is a manifestation of his service-connected PTSD with minor neurocognitive disorder and mild memory loss.

The Veteran's appeal for service connection of OSA is remanded due to the need for a sleep study and further etiological opinions regarding its onset, aggravation by PTSD, and Agent Orange exposure.

The Veteran's claims for service connection and secondary service connection are being remanded due to the inadequacy of a July 2016 VA opinion regarding bilateral hearing loss, diabetes, heart disorder, left leg tumor, prostate cancer, vision disorder, peripheral neuropathy, and sleep apnea. The Board will seek verification of herbicide agent exposure in Korea and obtain an addendum opinion from an audiologist to address the etiology of the Veteran's hearing loss.

The Veteran's claim for service connection for bilateral hearing loss was dismissed as he withdrew the claim. The claims of service connection for sleep apnea, TMJ disorder, right shoulder disorder, left shoulder disorder, and right knee disorder are remanded.

The Veteran's claims for service connection for chronic headaches, chronic kidney stones, a chronic acquired psychiatric disorder (major depressive disorder), and OSA have all been denied. The Board found that there is no evidence to support the Veteran’s assertions of in-service onset or relationship to service.,There was no current diagnosis of these conditions at any time during the pendency of the claims.

The Board has granted service connection for sleep apnea and remanded the issue of an increased rating for residuals of a pilonidal cyst.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected bilateral knee disabilities. The decision is based on evidence showing that obesity, which led to the Veteran's sleep apnea, was caused by his service-connected knee disabilities.

The Board has determined that additional examinations are needed for the Veteran's service-connected left knee and lumbosacral spine conditions due to inadequate previous evaluations. The Veteran will be scheduled for a VA examination to assess the current severity of his disabilities.

The Veteran's claims for service connection were dismissed due to the death of the appellant. The Board has no jurisdiction to adjudicate these appeals as they have become moot.

The Veteran's service connection claim for obstructive sleep apnea is granted, as the evidence supports a finding that his symptoms began during service and are related to his current condition.

The Board has denied service connection for sleep apnea, finding that the Veteran does not have a current diagnosis of sleep apnea. The claims for hiatal hernia, GERD, and IBS are remanded due to insufficient evidence addressing direct service connection.

The Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder (claimed as depression) have been reopened, and the appeal is granted to this extent only. The cases are remanded for further development.

The Board denied service connection for obstructive sleep apnea (OSA) as it was not caused or aggravated by the Veteran's service-connected pleural plaques and bilateral knee disabilities, including obesity. The OSA neither had its onset in nor is otherwise directly related to his active duty service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a causal relationship between his in-service experiences and his current condition.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current diagnosis to his military service or any service-connected condition.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected acquired psychiatric disorder, including PTSD, bipolar disorder, and alcohol and drug dependence.

The Veteran's obstructive sleep apnea is granted as service-connected.,The Veteran's TBI residuals are not rated higher than noncompensable (30%),PTSD prior to April 11, 2019 is denied a rating in excess of 30%,PTSD with TBI from April 11, 2019 is granted at 70%