Sleep apnea decisions — 2020

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and evaluations. The issues include sleep apnea, narcolepsy cataplexy, PTSD and unspecified depressive disorder, and bilateral hearing loss.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's sleep apnea, including whether it is related to service or secondary to PTSD.

The claims for service connection of hepatitis C and posttraumatic stress disorder have been reopened, but the issues of increased ratings for left wrist fracture with strain and left elbow arthralgia, as well as TDIU, are still pending.,Additional evidence has been submitted to support reopening of the hepatitis C and PTSD claims. However, further development is needed in order to determine if these conditions are related to service.

The Board has remanded two issues related to hypertension and erectile dysfunction, as they are secondary to service-connected diabetes mellitus. The Veteran must be provided with another VA examination to determine if these conditions were incurred in or caused by his military service.

The Board has found that the Veteran's application for a clothing allowance for topical cream was timely filed. The appeal is remanded to consider the merits of this claim.

The Veteran's claim for service connection for cervical degenerative disk disease is denied as the disability did not manifest during service and is unrelated to service.,Service connection for chronic fatigue syndrome is denied because there is no current diagnosis of CFS at any time during the appeal period.,Service connection for fibromyalgia is remanded due to lack of a current diagnosis. The Veteran's claim for service connection for obstructive sleep apnea is also remanded as it involves complex medical issues and requires further examination and opinion.

The Board has dismissed all service connection claims due to the Veteran's death.

The Veteran's claim for an earlier effective date for the award of service connection for allergic rhinitis is denied.,The claim for new and material evidence to reopen the claim for sleep apnea has been met, and the claim is reopened. Service connection for sleep apnea is granted.,Service connection for sleep apnea is granted as it is related to the Veteran's service-connected allergic rhinitis.,Rating in excess of 10 percent for allergic rhinitis is remanded due to inadequate treatment records.,Rating in excess of 10 percent for vertigo is remanded due to inadequate treatment records.,Rating in excess of 10 percent for GERD is remanded due to inadequate treatment records.,Entitlement to service connection for sinusitis is remanded due to inadequate treatment records.,Total disability rating for compensation based upon individual unemployability (TDIU) is remanded due to inadequate treatment records.

The Veteran's OSA is granted as service-connected, and his CFS claim is denied.,His bilateral pes planus has been assigned the maximum schedular rating allowed.

The Board has granted service connection for retinitis pigmentosa and denied service connection for a heart condition. The Veteran's current bilateral eye retinitis pigmentosa is considered to have been incurred in service, with the presumption of soundness rebutted due to aggravation during service.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations, treatment records, and consideration of his TDIU claim.

The Veteran's appeal of service connection for a disability other than PTSD, leg disability, lumbar spine disability, and left lower extremity radiculopathy has been dismissed due to his withdrawal during the December 2019 Board hearing.

The Board denied service connection for lumbosacral strain and an acquired psychiatric disorder, finding that the preponderance of evidence did not support a link to service or service-connected conditions.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's condition began during his active duty service and is not aggravated by any in-service event.

The Veteran's claim for service connection for right ear hearing loss is denied.,The Veteran's claim for a compensable rating for multiple noncompensable service connected disabilities prior to July 31, 2014 is remanded due to lack of legal entitlement.,The Veteran's claim for service connection for right shoulder osteoarthritis is remanded as the VA medical opinion did not consider lay statements and was based on absence of treatment in service records.,The Veteran's claim for service connection for a sleep disorder (presumably sleep apnea) is remanded due to lack of VA medical opinions regarding the nature and etiology of his claimed condition.,The Veteran's claim for service connection for left knee disability is remanded as no VA medical opinions have been obtained.

The Veteran's claim for service connection for multiple myeloma was granted effective August 28, 2014. The effective date for PTSD was also granted on the same day.

The Board has remanded the Veteran's claims for service connection for a heart condition and sleep apnea due to insufficient examination opinions. The Veteran is seeking service connection for these conditions, which are currently considered direct service connection cases.

The Board has granted service connection for Obstructive Sleep Apnea, finding that it was aggravated by the Veteran's service-connected Posttraumatic Stress Disorder.

The Board denied the Veteran's claims for service connection for a left ankle disability and sleep disorder (specifically sleep apnea) due to lack of evidence linking these conditions to her military service.

The Veteran's service-connected migraines have been restored to a 30 percent rating, effective April 29, 2019. A 50 percent rating for migraines has also been granted.