Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for service connection for sleep apnea, hypertension, bilateral hearing loss, and tinnitus due to the need for further evidentiary development.

The Board has determined that the Veteran's claims for higher ratings related to his right lower extremity radiculopathy, lumbosacral strain with degenerative changes of the lumbosacral spine, and left knee degenerative joint disease require additional development due to the need for updated VA treatment records and examinations.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that new and material evidence had been received to reopen the claim. However, the Board concluded that there was no link between the current condition of obstructive sleep apnea and the Veteran's military service.

The Veteran's appeals for service connection and initial ratings have been withdrawn. The Board has remanded the issues of service connection for obstructive sleep apnea, insomnia, and total disability based on individual unemployability (TDIU).

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss has been denied.,The Veteran's claim for an increased evaluation for tinnitus has been denied as a matter of law.

The Board has granted service connection for Obstructive Sleep Apnea and Depression, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service.

The Board denied service connection for obstructive sleep apnea and hypertension, finding that the evidence did not support a link to service or service-connected conditions.,Both conditions were found to be directly related to the Veteran's active service without any secondary or aggravation claims being considered.

The Board has decided to remand the case due to insufficient opinions regarding the relationship of sleep apnea to service, specifically whether it is related to presumed exposure to herbicide agents and/or proximately due to PTSD.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and a need for further development, including verification of periods of active duty training (ACDUTRA) and rescheduling VA examinations.

The Board has dismissed the appeal of the skin disorder claim due to withdrawal by the Veteran. The remaining claims for respiratory disorders, sleep apnea, headache disorder, acquired psychiatric disorder, and gout are remanded for further development.

The Board has remanded the Veteran's claims of service connection for residuals of a deviated septum and sleep apnea due to insufficient opinions in the November 2019 VA examinations.

The Board denied service connection for tinnitus and sleep apnea, finding that the evidence did not support a link to service or exposure to herbicide agents.

The Board has decided to remand the case due to non-compliance with previous remand directives and a need for another VA respiratory examination.

Service connection for sleep apnea has been granted, effective from the date service connection was established.,An earlier effective date of April 11, 2013, is denied for PTSD as it was received on that date. An effective date of April 23, 2007, is granted for a 50 percent evaluation for bilateral pes planus with plantar fasciitis and calcaneal spurs.,Service connection for type II diabetes mellitus (diabetes) is remanded to obtain relevant medical records.

The Veteran's claim for a higher rating for depressive disorder was denied. The Board found the symptoms did not meet the criteria for a higher rating.,Claims for service connection for right ear hearing loss and left ear hearing loss were reopened, but no new evidence was provided to support these claims.

The Board denied service connection for Obstructive Sleep Apnea (OSA) as there was no evidence linking the condition to active duty service, and it did not manifest within one year of separation.

The Veteran's IBS, GERD, OSA, and Sleep-Wake Disorder are all granted. The Veteran is also awarded a compensable evaluation for his IBS. Service connection is established for bilateral ankle disability, knee pain, shin pain, foot swelling, and hand swelling due to Gulf War undiagnosed illness.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his obesity caused by his service-connected PTSD, and therefore grants service connection for this condition on a secondary basis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities not precluding him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims for service connection for ruptured discs of the neck and back, as well as the claim to reopen a previously denied claim for lumbosacral strain (low back pain/degenerative disc disease). The AOJ is instructed to contact the Veteran and his representatives to obtain any outstanding records before readjudicating the claims.