Sleep apnea decisions — 2020

The Board has denied service connection for residuals of congestive heart failure and granted service connection for diabetes mellitus type II. The issue of service connection for obstructive sleep apnea remains pending.,Service connection was not established for the Veteran's CHF or diabetes, but he is entitled to a rating increase for his PTSD.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and higher staged ratings for bilateral hearing loss, asthma, and left wrist scaphoid fracture.,The Board also denied a request to extend the temporary 100 percent evaluation for surgical convalescence of the left wrist.

The Veteran's migraine headaches were rated as noncompensable prior to November 6, 2019, and in excess of 50 percent thereafter. Service connection for obstructive sleep apnea was denied due to lack of evidence linking the condition to service or secondary to a service-connected disability. The Veteran's hypertension and diabetes mellitus, type II were also not found to be related to service. Service connection for an acquired psychiatric disorder was denied.,The Veteran's obstructive sleep apnea was denied as it did not have its onset during service or is otherwise unrelated to his service. His hypertension and diabetes mellitus, type II were also not found to be related to service. The Board acknowledged the Veteran's contention that his obstructive sleep apnea may be related to in-service snoring but found this insufficient evidence for a direct service connection.

The Board has decided that the Veteran's claims for service connection for obstructive sleep apnea and TDIU due to service-connected disability are remanded. The case will be returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's service-connected psychiatric condition, along with other disabilities, renders him unable to secure or follow a substantially gainful occupation as of March 9, 2016. Effective April 10, 2017, the issue of TDIU is dismissed due to mootness.

The Board has granted service connection for obstructive sleep apnea (OSA), but denied service connection for bilateral knee disability.

The Veteran's lumbar spine disability is rated at 40 percent effective April 13, 2010. The case is remanded for further development regarding TDIU prior to March 23, 2016 and entitlement to SMC based on aid and attendance.

The Board has decided that the service connection for obstructive sleep apnea should be remanded due to a need for medical opinions regarding the relationship between the Veteran's obesity and diabetes mellitus, which may have caused or aggravated his sleep apnea.

The Board denied the Veteran's claim for special monthly compensation based on the need of regular aid and attendance or by reason of being housebound, finding that his service-connected disabilities did not render him helpless enough to require regular aid and attendance.

The Veteran's service-connected disabilities, including major depressive disorder and chronic low back pain, have been found to meet the criteria for specially adapted housing eligibility. The claim for a special home adaptation grant is moot as he has already received eligibility for specially adapted housing. His request for financial assistance for automobile or other conveyance and adaptive equipment was denied due to lack of meeting eligibility criteria.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding no medical nexus between his current condition and his military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service or any of his service-connected disabilities. The decision also noted that the Veteran had not provided sufficient evidence to establish a direct link between his sleep apnea and his military service.

The Veteran's claim for a higher rating for obstructive sleep apnea with recurrent bilateral spontaneous pneumothorax was denied. His claim for scars on the posterior trunk due to the same condition was also denied. The Veteran's claim for a separate rating of 10 percent for frontal sinusitis was granted. Both his claims for service connection for an acquired psychiatric disability other than PTSD, to include depression, and for TDIU were remanded.

The Board has denied service connection for PTSD due to the lack of a valid diagnosis based on a corroborated in-service stressor. The claims for service connection for an acquired psychiatric disability other than PTSD, gastrointestinal disability, and sleep disturbance are remanded for further development.

The Veteran's claim for service connection for a left ear hearing loss disability is granted. The initial rating for right ear hearing loss is denied, and the current 50 percent rating for sleep apnea with asthma is maintained.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is no evidence linking his current condition to his active duty service.

The Veteran's claim for a higher rating for migraine headaches has been dismissed. The claim of service connection for bilateral foot disability (claimed as frost bite) is granted and remanded, while the claim for sleep apnea is also remanded.

The Board has dismissed the Veteran's appeals for service connection of obstructive sleep apnea, headaches, respiratory condition, residuals of a head injury, acquired psychiatric disorder (including anxiety and depressive disorders), and right eye disability. The claims are denied as there is no evidence linking these conditions to service.

The Board has remanded the appellant's claims for service connection due to a lack of current diagnosis for sleep apnea and an acquired psychiatric disorder, as well as a need for additional development on his claim for headaches.

The Veteran's initial claim for a higher disability rating for his lumbosacral strain was denied prior to June 7, 2018. For the period following June 7, 2018, he is granted a disability rating of 40 percent.