Sleep apnea decisions — 2020

The Veteran's claims for service connection for obstructive sleep apnea, HIV, and hepatitis C have been dismissed.,The claim of entitlement to service connection for an acquired psychiatric disorder has been reopened due to the submission of new evidence.

The Board has denied the Veteran's claims for service connection for sleep apnea and secondary service connection for sleep apnea, finding that his only diagnosed sleep disorder is not related to service or a service-connected disability.

The Board has decided that the claims for bilateral ankle disorder, sleep apnea, and hypertension (including as due to PTSD) need further examination and evaluation before a final decision can be made.

The Veteran's sleep apnea is currently rated at 50 percent, the maximum rating available under Diagnostic Code 6847. The Board found that his condition does not meet or approximate the criteria for a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected PTSD. The VA needs to provide an addendum opinion considering articles that suggest a relationship between PTSD and obstructive sleep apnea.

The Board has remanded the claims for sleep apnea, degenerative arthritis of the spine, and colon polyps due to additional development needed. The Veteran's attorney was advised that VA treatment records from Albuquerque VAMC need to be reviewed by the AOJ.

The Board has granted service connection for OSA, hypertension, erectile dysfunction, and migraine headaches as secondary to the Veteran's service-connected disabilities. The rating for depressive disorder is increased to 70 percent.

The Veteran's application to reopen the claim for service connection for an acquired psychiatric disorder was denied. The claim for a low back disorder was also denied as there is no evidence of a chronic condition that began in service.

The Board denied the Veteran's petition to reopen his claim for service connection for a back condition, finding that new and material evidence had not been received. The decision was based on the lack of evidence linking the current disability to service.

The Veteran's claim for service connection for sleep apnea, including as due to her service-connected other specified trauma-related disorder, is being remanded. The VA needs to obtain a new opinion regarding the nature and etiology of her sleep apnea, specifically whether it is related to in-service burn pit exposure or aggravated by her service-connected condition.

The Veteran withdrew his appeal for service connection of sleep apnea, and the Board dismissed the claim.

The Board has remanded the case due to an error in not considering whether obesity served as an intermediate step between sleep apnea and service-connected PTSD. The Veteran's claim for service connection for sleep apnea is now pending again.

The Board has decided to remand the case due to insufficient evidence regarding the onset and etiology of the Veteran's sleep apnea, particularly in relation to his service-connected hypertension.

The appeal to reopen a claim for service connection for traumatic brain injury based on the receipt of new and material evidence is granted. The claims for service connection for other conditions are remanded.

The Veteran's application for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment was denied because his service-connected disabilities do not meet the criteria for eligibility under VA regulations.

The Veteran's lumbosacral disability was denied an evaluation greater than 10% prior to January 2, 2019 and a rating greater than 40% from that date.,The Veteran's bladder cancer residuals were also denied an initial evaluation greater than 20%. The RO found the condition secondary to benign prostatic hypertrophy and lower urinary tract symptoms.

The Board has remanded the claims for service connection for bilateral pes planus, sleep apnea, diabetes mellitus type II, a skin disorder of the right foot (cellulitis), and rhinitis due to insufficient evidence or inadequate examinations.

The Veteran's petition to reopen claims for service connection for headaches, right knee disorder, bilateral ankle disorder, and sleep apnea have been granted.,Service connection has been established for these conditions based on their direct relationship to the Veteran's military service.

The Board has denied service connection for PTSD due to lack of verified in-service stressors. The case is remanded for further examination and opinion regarding the Veteran's claims for obstructive sleep apnea and left shoulder disability.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is caused or aggravated by his service-connected PTSD.