Sleep apnea decisions — 2020

The Board has determined that the Veteran's sleep apnea is related to his service-connected PTSD and grants service connection for this condition.

The Veteran's obstructive sleep apnea and congestive heart failure and atrial fibrillation have been granted service connection as secondary to his service-connected diabetes mellitus, Type II.,Both conditions are related to the Veteran's diabetes mellitus, which is a service-connected condition.

The Board has granted service connection for sleep apnea and SMC based on aid and attendance, but has remanded the issue of service connection for a prostate condition due to herbicide exposure.

The Veteran's petition to reopen his claim for service connection for a nerve disability was granted, and he was awarded service connection for tinnitus, sleep apnea, headache disability, and TDIU. The remaining issues were remanded.

The Board has remanded the case for a new VA examination to determine if the Veteran's pre-existing cervical spine disorder worsened during service. The claim for obstructive sleep apnea is denied as it was not caused or aggravated by service-connected PTSD and/or GERD.

The Veteran's right hand scaphoid fracture was due to a fall caused by his service-connected left knee disability, and the Board granted service connection for this condition. The decision on obstructive sleep apnea is pending as it requires new medical opinions.

The Board has decided to remand the case due to errors in obtaining relevant medical records and providing adequate rationale for the decision. The Veteran's OSA is being reviewed again with a focus on earlier diagnosed conditions.

The Board denied service connection for a back disability, left leg disability, right-hand disability and sleep apnea as there is no evidence of these conditions in service or within one year following discharge. The Veteran's current disabilities are not shown to be related to his military service.,Service connection was also denied for TDIU due to the presence of multiple service-connected disabilities (back disability, left leg disability, right-hand disability and sleep apnea) that do not meet the criteria for a combined rating of 70% or more.

The Board has remanded three issues related to the Veteran's claims for service connection. The first issue is whether new and relevant evidence has been received to warrant readjudication of a previously denied claim for chest cold/acute respiratory disease (claimed as pneumonia). The second issue is entitlement to service connection for bronchial asthma, which is secondary to chest cold/acute respiratory disease. The third issue is entitlement to service connection for left eye retinal detachment, which is secondary to the Veteran's right knee disability.

The Veteran's obstructive sleep apnea (OSA) is considered to have been incurred during his active duty service, and the Board has granted service connection for OSA.

The Veteran's claim for earlier effective dates for his service-connected disabilities is dismissed as the earliest possible effective date, January 1, 2019, has already been assigned.

The Board has decided to remand the case due to a failure to provide a VA examination for sleep apnea, which is necessary to determine its etiology and whether it is related to service-connected conditions.

The Veteran's sleep apnea was incurred during a period of active duty for training (ACDUTRA) in October 2011, and the Board has granted service connection for this condition.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to service or a service-connected disability.

The Veteran's service-connected disabilities, including lumbosacral strain, bilateral knee and hip conditions, prevent him from securing and following substantially gainful employment.

The Board has remanded the claims of service connection for obstructive sleep apnea and TDIU due to deficiencies in the prior examination report, particularly regarding the potential secondary nexus between PTSD and obstructive sleep apnea. The AOJ is instructed to obtain an addendum opinion addressing these issues.

The Veteran's lumbar spine condition is rated at a maximum of 40 percent since September 26, 2019.

The Veteran's service connection for sleep apnea is granted. However, the Veteran's claim for an initial rating higher than 20 percent for his lumbar spine disability remains denied.

The Veteran's claims for service connection for headaches, sleep apnea, and a cervical spine disability are granted. The claim for bilateral hearing loss is not reopened. Service connection for tinnitus is denied. An evaluation in excess of 20 percent for left foot contusion residuals with pes planus and lumbar scoliosis with sprain is denied.

The Veteran's claims for service connection for sleep apnea, thyroid nodules, and gastroesophageal reflux disease (GERD) have been dismissed due to the death of the appellant.