Sleep apnea decisions — 2020

The Veteran's obstructive sleep apnea is found to be caused by his service-connected depressive disorder.,There is no evidence linking the Veteran’s tinnitus to active duty service or any other condition. The claim for tinnitus is denied.

The Board has denied the Veteran's claim for service connection for sleep apnea, as it is not related to his service-connected nasal disorders or any other in-service injury.

The Board has granted service connection for OSA, finding that the Veteran's symptoms had their onset during his active service and have continued since then. The decision is based on credible lay evidence.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep disorder, including obstructive sleep apnea and related sleep disturbances, is secondary to her service-connected right shoulder disability.

The Board has remanded the cases for further development and examination due to insufficient evidence or conflicting reports of symptoms.

The Veteran's appeal for service connection for PTSD, an initial rating in excess of 50 percent for OSA, and a temporary total evaluation for a service-connected disability requiring convalescence has been dismissed.,An initial rating of 70 percent, but no higher, for major depressive disorder with anxious distress (depression) is granted. The Veteran's TDIU claim is also granted.

The Veteran's tinnitus was granted service connection, but the back condition remains under appeal as new evidence may be needed to support the claim.

The Board has remanded several issues related to the Veteran's service connection claims, including back and knee disabilities, hearing loss, sleep apnea, and hypertension. The examination is required for these cases due to conflicting medical opinions and lack of recent medical records.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran's sleep apnea is not proximately due to, aggravated by, or the result of her service-connected PTSD. Her left great toe disability was rated appropriately under the applicable criteria. For PTSD, the Board concluded there was no nexus between the condition and her service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs and need for additional medical opinions. The issues include right knee, left knee, psychiatric disability (including PTSD), skin condition, asthma or respiratory condition, headache condition, and sleep apnea.

The Board has granted service connection for right upper jugular metastasis from left palate squamous cell carcinoma and a rating of 10 percent for post-surgical scar excision/high grade myxofibrosarcoma of the right thigh associated with herbicide exposure.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed conditions, particularly related to his military service.

The Board has decided to remand the case due to insufficient opinions regarding the etiology of the Veteran's sleep apnea and whether it is aggravated by PTSD. The VA needs to provide a more detailed opinion on these issues.

The Board has remanded the case due to non-compliance with previous directives, and is now required to obtain an addendum opinion from the Director of Compensation Services regarding a single extra-schedular rating for the Veteran's service-connected disabilities.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD and remanded the cervical spondylosis claim due to lack of in-service occurrence and a nexus.

The Veteran's claims for service connection for obstructive sleep apnea and an acquired psychiatric disorder (including PTSD and a depressive disorder) have been reopened, and the evidence supports these claims. The Board finds that the Veteran has current diagnoses of PTSD and depression, which are causally related to his verified in-service stressor.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD with MDD was denied. The Board found that the Veteran’s symptoms did not meet the criteria for a higher rating.,The Veteran's claim for service connection for sleep apnea and hypertension were both remanded, as there is no presumptive basis based on Agent Orange exposure.

Service connection for kidney disease, gout, sleep apnea (SA), and hypertension are granted as secondary to service-connected diabetes mellitus type II. A rating higher than 20 percent for DMII is remanded.

The Veteran's eye disorder, sleep apnea, heart disorder, skin disorder, diabetes mellitus type II, and major depressive disorder are remanded for further development due to possible in-service exposure to herbicide agents and other chemicals and radioactive materials at Seneca Army Depot and Fort Gordon.

The Veteran's claims for service connection of bee sting allergy, lumbosacral degenerative disc disease (lumbosacral disc herniation), cervical spine degenerative joint disease, sleep apnea, and residuals of umbilical hernia surgery have been granted. The remaining issues are remanded.