Sleep apnea decisions — 2020

The Board denied the Veteran's claims of service connection for sleep apnea, chronic sinusitis, coronary artery disease, colon cancer, and diabetes. The Board found that there was no evidence to support a direct relationship between these conditions and active duty service or herbicide exposure.

The Board has decided to remand the case due to missing service treatment records and outstanding post-service treatment notes. The Veteran's sleep apnea may have pre-existed his last period of active duty, but more evidence is needed to determine if it was aggravated by that service or had its onset during that time.

The Veteran's tinnitus is rated at the maximum allowable under VA guidelines, and no higher rating can be granted.,Service connection for OSA has been established based on evidence showing that it likely began during service.

The Veteran's tinnitus is found to have started during service and has continued since then.,Service connection for bacterial sinusitis with rhinitis is granted, as the evidence is at least in equipoise that it began during service.,Right knee osteoarthritis is granted on reopening of a previously denied claim.,Migraine headaches are granted on reopening of a previously denied claim.,Bilateral pes planus with bilateral plantar fasciitis is granted on reopening of a previously denied claim.,Service connection for right ear hearing loss is established as the evidence supports its onset during service.,Cervical strain with degenerative joint disease is found to be related to service.,Lumbosacral strain with thoracolumbar spine osteoarthritis is found to be related to service.

The Veteran's service connection claims for weakness, drowsiness and difficulty with moving, dizziness, hypertension, and sleep apnea have all been denied. The Board found that these conditions are not separate disabilities from his service-connected psoriasis or psoriatic arthritis.,Additional development is needed to determine if the Veteran’s hypertension and sleep apnea are secondary to his service-connected psoriasis.

The Board denied a higher initial disability rating for lumbosacral spine degenerative disc disease and degenerative joint disease, finding that the Veteran's symptoms do not warrant an increased rating.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has denied service connection for obstructive sleep apnea and remanded the issues of service connection for a back disorder and hypertension. The Veteran's claims are being returned to VA for further development.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected joint disabilities, finding that his current diagnosis of sleep apnea is related to his service-connected conditions and not due to obesity.

The Board has remanded the case due to an inadequate VA opinion regarding the etiology of the Veteran's sleep apnea. The Veteran is not granted service connection for this condition.

The Board has remanded the Veteran's claims for service connection for unequal pupils, obstructive sleep apnea, disability manifested by high cholesterol as secondary to his service-connected atrial fibrillation, and hypertension as secondary to his sleep apnea due to insufficient evidence of a nexus between these conditions and his military service.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD. The remaining issues, including those related to the Veteran's hip condition, back condition, erectile dysfunction, bilateral knee condition, high blood pressure, tinnitus, and PTSD, are remanded due to incomplete development of records.

The Veteran's claim for service connection for a sleep disorder, including sleep apnea, has been reopened due to new and material evidence. The case is being remanded for further development and an opinion from a VA clinician regarding the etiology of her sleep disorder.

The Veteran's claim for a rating in excess of 50 percent for pes planus with hallux valgus and plantar fasciitis is denied. The Board finds that an increased rating is not warranted due to the maximum schedular rating already awarded. The Veteran's claim for service connection for obstructive sleep apnea, related to his service-connected PTSD and orthopedic disabilities, is remanded as there was a failure to notify him of the scheduled examination.

The Veteran's claim for a reduction in his disability rating from 40 percent to 20 percent for lumbosacral degenerative disc disease and intervertebral disc disease is remanded due to scheduling issues with the requested VA examination.

The Board has granted service connection for sleep apnea as aggravated by the Veteran's service-connected PTSD.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is etiologically related to his active duty service. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's disability ratings for lumbosacral strain and unspecified depressive disorder with anxious distress, cannabis use disorder and traumatic brain injury were restored to their previous levels.

The Board has remanded the case due to a duty to assist error regarding the Veteran's sleep apnea. The Veteran must be provided another VA examination to determine if his sleep apnea is related to service, including as secondary to his service-connected insomnia with generalized anxiety disorder.

The Board has denied increased ratings for right and left knee disabilities, and has remanded the issues of service connection for a left eye condition and obstructive sleep apnea.