Sleep apnea decisions — 2020

The Veteran's service connection claim for a psychiatric disorder was denied. The Board found no evidence of a diagnosed psychiatric condition.,A rating in excess of 10% for tinnitus was also denied, as the Veteran is already receiving the maximum schedular rating.

The Board has remanded the case due to non-compliance with previous remand directives. The Veteran's OSA disability is being reviewed for service connection, but there are no specific theories of service connection provided as the appeal does not involve a presumption or secondary condition.

The Veteran's claim for TDIU prior to June 11, 2011 was denied as he did not meet the schedular requirements for a combined rating of 70% or more due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected migraines, finding that there was no evidence supporting a causal relationship between OSA and his military service or any service-connected conditions.

The Board has remanded the issues of service connection for hypertension, bilateral hearing loss, lumbosacral degenerative disc disease, cystic skin lesions, and initial compensable rating for folliculitis barbae due to unresolved medical evidence.

The Board has granted an effective date of October 1, 2015 for a 50 percent rating for service-connected sleep apnea. The Veteran first began using a CPAP machine on this date.

The Veteran's service connection claim for obstructive sleep apnea is granted. The claims for asthma, degenerative arthritis of the cervical spine, erectile dysfunction, and urinary incontinence are denied.

The Veteran's claims for service connection for a lumbar spine disability, left hip disability, and kidney disease have been remanded due to the need for additional evidence.,The Veteran's claims for service connection for a left ankle disability, right ankle disability, left foot gout, and right foot gout are also remanded.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea (OSA) is proximately due to or aggravated by any service-connected disability, specifically PTSD. The examiner needs to provide an addendum opinion addressing this issue.

The Board denied service connection for obstructive sleep apnea, finding that it is not caused by or aggravated by migraine headaches. The Veteran's prostate cancer was also denied as there is no evidence of its onset within a year after separation from active service.,Service connection for residuals of prostate cancer was denied due to lack of evidence showing the condition manifested within one year post-service.

The Veteran's claim for service connection for degenerative arthritis of the cervical spine was reopened and granted. The claims for sleep apnea, hiatal hernia (claimed as GERD), and pes planus are remanded.

The Veteran's claims for service connection for sleep apnea, heart disorder, and epididymo-orchitis have been denied. The Board found no evidence linking the current conditions to his military service or service-connected disabilities.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected bronchial asthma and/or PTSD.

The claim to restore DEA benefits is dismissed as the Veteran's PTSD, which was considered a permanent and total disability, has already been granted prior to the date of termination.

The Veteran's OSA was not incurred during service and is not related to his active duty. The Board denied the claim for service connection.

The Veteran's OSA is rated at 50% and a TDIU is granted. The rating for OSA remains unchanged, but the Veteran is now eligible for a TDIU based on his service-connected disabilities.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain from July 1, 2010 to June 25, 2018 was denied. The claim for a rating of 40 percent or higher for lumbosacral strain from June 26, 2018 was granted.

The Board denied service connection for Obstructive Sleep Apnea and Insomnia Disorder, finding that the preponderance of evidence did not support a link to service or service-connected conditions.

The Board has determined that the Veteran's central sleep apnea is at least as likely as not caused or aggravated by her service-connected degenerative disc disease of the lumbosacral spine, including medications used for treatment.

The Veteran's claim for service connection for rhinitis, gastroesophageal reflux disease (GERD), sleep apnea, and tension headaches is remanded. The claim for a 10 percent evaluation based on multiple, non-compensable, service-connected disabilities, under 38 C.F.R. § 3.324, for the period from January 31, 2007, to April 17, 2009 is withdrawn.,The Veteran's claim for an effective date prior to June 18, 2013, for the grant of service connection for tension headaches is denied.