Sleep apnea decisions — 2020

The Veteran's OSA with residuals of right pleuritis and right basal pneumonia with COPD is granted a 50 percent evaluation from February 22, 2010. The TDIU claim is also granted.

The Board dismissed the appeals of several service connection claims and denied requests for earlier effective dates. The Veteran's claims were not supported by a proper substantive appeal.

The Veteran's service connection for obstructive sleep apnea secondary to PTSD is granted.,Service connection for sciatica of the left lower extremity and sciatica of the right lower extremity, both secondary to a service-connected lower back disability, are also granted.

The Veteran's petition to reopen claims of entitlement to service connection for sleep apnea and hypertension was denied. The effective date for the grant of a 30 percent evaluation for migraine headaches is April 4, 2017.,The Veteran's petition to reopen claims of entitlement to service connection for heart disease was denied. The effective date for the grant of a 30 percent evaluation for heart disease remains April 4, 2017.

The Veteran's claim for service connection for right hip arthritis has been reopened and granted.,Service connection is also granted for sleep apnea.

The Board has denied service connection for sleep apnea as the Veteran does not have a current diagnosis of this condition.

The claims for service connection for COPD, a lumber spine disability (post laminectomy syndrome), sleep apnea, hepatitis C, angina post laminectomy syndrome, cardiomyopathy, diabetes mellitus type II, heart disease to include coronary artery disease status post CABG, and a skin rash have all been denied.,The claim for service connection for the cause of death has also been denied.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as there is insufficient medical evidence to determine whether it is related to his military service or any other condition. The Veteran must provide additional information and/or evidence, including private treatment records.

The Veteran's obstructive sleep apnea-hypopnea syndrome is granted as service-connected. The remaining issues (left ear hearing loss, bilateral foot disability, left knee disability, and right knee disability) are remanded for further development.

The Board has dismissed all service connection claims because the Veteran passed away during the appeal process.

The Veteran's request to reopen a previously denied claim for service connection for diabetes mellitus was granted. Service connection for diabetes mellitus is denied, and the Veteran withdrew his appeal for service connection for sleep apnea. The Board has remanded the cases of rating higher than 10 percent for right knee patellofemoral pain syndrome with degenerative arthritis and left knee patellofemoral pain syndrome with degenerative arthritis.

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his active duty service and grants the claim for service connection.

The Board has granted service connection for hypertension, bilateral hearing loss, and tinnitus due to presumed exposure to herbicide agents during service in Vietnam. Service connection is also granted for obstructive sleep apnea (OSA) but denied for vascular dementia.

The Veteran's appeals for service connection and increased evaluations have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for service connection has been reopened, and the Board is remanding the remaining issues due to the need for additional medical opinions.

The Board has decided to remand the Veteran's claims for sleep apnea, hypertension, a left foot disability, PTSD, and MDD due to the need for further evidentiary development. Specifically, VA treatment records from before May 2007 at San Juan VAMC should be obtained, as well as any untranslated documents in Spanish.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to his service, specifically obesity and compulsive eating he developed in service.

The Board has decided to remand the case due to insufficient evidence to decide the claim, and a VA examination is needed to determine if the Veteran's sleep apnea had its onset in or is otherwise related to active duty service.

The Board has remanded the Veteran's claims for service connection and rating of his allergic rhinitis, as well as for a determination on whether he has any other sleep disturbances. The Veteran will need to undergo VA examinations to address these issues.

The Veteran's claim for a restoration of the 30 percent rating for bronchial asthma was denied due to clear and unmistakable error (CUE) in the June 4, 2001 rating decision. The TDIU claim is remanded as additional evidence has been submitted.