Sleep apnea decisions — 2020

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected major depressive disorder.

The Veteran's asthma with obstructive sleep apnea was granted a 60 percent rating from October 10, 2013 to January 23, 2019.,After January 23, 2019, the Veteran's claim for a higher rating for his asthma and OSA was denied.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it, finding that there is at least equipoise evidence to support a finding that his sleep apnea began during his time in service.

The Board has granted service connection for sleep apnea, but the claims for arthritis in multiple joints and right wrist disorder are remanded.

The Board has granted service connection for headaches, finding that they are caused or aggravated by the Veteran's service-connected tinnitus. However, it denied service connection for sleep apnea due to a lack of current diagnosis.

The Veteran's request to reopen claims for chronic headaches and arthritis, bilateral hands was denied as the new evidence did not relate to an unestablished fact necessary to substantiate these claims.,The Veteran's requests to reopen claims for hepatitis C, bilateral vision issues, sleep apnea, erectile dysfunction, and prostate cancer were also denied due to lack of material evidence addressing the service connection elements of in-service incurrence or nexus.

The Board has determined that the Veteran's sleep apnea began during his active service and grants service connection for this condition.

The Board has remanded the case due to a lack of compliance with previous remand instructions and the need for a new VA examination.

The Board denied the Veteran's claim of service connection for an obstructive sleep apnea disability, finding that it did not have its onset during active service and was not causally related to active service or a service-connected condition.

The Veteran's claim for an increased rating for PTSD was granted at 70 percent effective from May 22, 2018. The Board found that it was not factually ascertainable that the criteria for a higher rating were met prior to this date.,A TDIU based on ischemic heart disease and PTSD is granted.

The Veteran's claim for service connection for PTSD is dismissed.,Service connection for heart disease is denied.,The Veteran's claims for service connection for sleep apnea, numbness of the left fingers, numbness of the right fingers, a left foot condition, a right foot condition, and numbness on the right side (described as right leg numbness) are remanded.,Service connection for teeth loss is remanded.,The Veteran's claim for service connection for high blood pressure (hypertension) is remanded.,Service connection for low testosterone is remanded.,Service connection for a right knee disability (claimed as a weak right knee), a low back disability (claimed as low back stiffness), and bilateral hearing loss are also remanded.

The Board has determined that the propriety of reducing the disability rating for bilateral hearing loss from 60 to 20 percent effective November 1, 2012 is in dispute. The Veteran's claim for increased evaluation for bilateral hearing loss and his service connection claim for obstructive sleep apnea are both remanded.

The Board has decided that service connection for diabetes is granted, but the cases of sleep apnea and left hip strain are remanded due to insufficient evidence.

The Board dismissed the issue of service connection for left carpal tunnel syndrome and granted service connection for obstructive sleep apnea. The Veteran's current obstructive sleep apnea is at least as likely as not related to in-service manifestations.

The Veteran's claims for headaches, vestibular and dizziness condition (secondary to service-connected tinnitus), sleep apnea, and blurry vision are being remanded due to the need for additional medical examinations.,Specifically, a new examination is required for each of these conditions to determine their etiology.

The Veteran's obstructive sleep apnea was initially diagnosed during active military service and the Board has granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea has been granted as new and material evidence was received.,The Veteran's claim for service connection for depression has been reopened due to the receipt of new and material evidence.

The Veteran's respiratory disorder and sleep apnea are being remanded for separate evaluation, as the two conditions affect different areas of the body. Additionally, TDIU is also being remanded due to its inextricability with the rating reduction issue.

The Board has granted the Veteran's petition to reopen his claim for service connection for a right knee disorder. The claims for sleep apnea and reduction of left knee disability rating are remanded for further development.

The Board has decided to remand the case due to the need for additional development, including an examination and medical opinion regarding whether obstructive sleep apnea is related to service or service-connected PTSD.