Sleep apnea decisions — 2020

The Veteran's irritable bowel syndrome, presumed due to his Persian Gulf War service, is granted.,The Veteran's status post bilateral orchiopexy for testicular torsion is granted an increased rating to 20 percent disabling.,Service connection for erectile dysfunction is granted as secondary to the Veteran's service-connected status post bilateral orchiopexy for testicular torsion.,Special monthly compensation (SMC) for erectile dysfunction, based on loss of use of a creative organ, is granted.

The Veteran's claim for service connection of a lower back condition was denied. The appeal seeking to reopen the claim for tinnitus was granted, and he is now entitled to a disability rating of 50 percent for headaches.,Service connection for sleep apnea, blood condition, dental condition, and abdominal scar were all denied.

The Board has ordered a new examination for the Veteran's obstructive sleep apnea, which is related to his service-connected acquired psychiatric disability. The case is being remanded due to the Veteran failing to report for the scheduled examination.

The Veteran's claim for service connection for diabetes mellitus, Type II was reopened but denied due to lack of new and material evidence.,Service connection for left lower extremity neuropathy, left upper extremity neuropathy, right lower extremity neuropathy, and right upper extremity neuropathy were all denied as the Veteran did not have a current diagnosis related to active service.,The Veteran's sleep apnea was denied because there is no evidence of its onset during or shortly after service.,Service connection for hypertension was denied due to lack of in-service diagnosis and no increase in disability during service.,Service connection for pressure in eyes was denied as the condition did not exist at the time of entrance into service.

The Board has decided to remand the claims for service connection for hypertension, otitis externa, headaches, sinusitis, and sleep apnea due to lack of medical nexus opinions. The Veteran's disabilities are believed to be related to his exposure to industrial solvents and other chemicals during active service.

The Board has remanded the case due to new evidence suggesting that the Veteran's obstructive sleep apnea may be secondary to his newly granted service-connected depressive disorder. An addendum opinion is needed from the May 2019 VA examiner regarding this theory of entitlement.

The Board has determined that additional development is needed for the Appellant's claim regarding the cause of the Veteran’s death, including reviewing private treatment records and VA medical records. The examiner will need to provide a fully-explained opinion on whether the service-connected depressive disorder and/or OSA disabilities were a causal or contributory cause of the Veteran's death.

The Veteran's appeal for a higher rating for left knee disability and service connection for PTSD has been dismissed.,The Veteran's appeal for service connection for tinnitus and sleep apnea has been granted.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected chronic sinusitis, and thus grants service connection for OSA.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current disability meeting the VA definition of hearing loss.,Service connection for tinnitus has been granted based on continuity of symptomatology since service.

The Veteran's right knee strain is rated at 10% and a separate rating for painful flexion of the right knee is granted effective December 6, 2010.,Service connection for bilateral lower extremity peripheral neuropathy and sleep apnea are both remanded.

The Veteran's OSA is being remanded for further examination to determine if it is caused or aggravated by his service-connected disabilities.

The Board denied service connection for obstructive sleep apnea and headaches as there was no current diagnosis of these conditions during the appeal period.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that the preponderance of evidence did not support a causal relationship between his current sleep apnea and any service-connected disabilities.

The Veteran's sleep apnea is granted as secondary to her service-connected back, knee, and foot disabilities. The rating for plantar fasciitis and pes planus is remanded due to overlap in symptoms. The TDIU claim is also remanded.

The Board denied service connection for OSA, headaches, right thigh paresthesias, and left thigh paresthesias as the evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board has remanded the case due to unclear employment status and incomplete functional impact assessments of the Veteran's service-connected disabilities. The AOJ is instructed to complete additional development, including determining work history and income during the appeal period, obtaining opinions on the functional impact of the Veteran's disabilities, and scheduling the Veteran for examinations.

The claim for service connection of headaches has been reopened and granted. The effective date for the award of service connection for fracture, right (major) fifth metacarpal head is April 2, 1992. The claim for an increased evaluation for lumbosacral strain with scar and history of herniated disc and discectomy remains pending.

The Veteran's appeal has been withdrawn and the claim is dismissed. The Board has also remanded two issues: service connection for sleep apnea and an initial rating in excess of 10 percent for hypertension.

The Board has remanded the claims for sleep apnea and acid reflux associated with a psychological condition due to an inability to contact the Veteran for VA examinations.