Sleep apnea decisions — 2020

The Board has remanded the case due to insufficient opinions regarding service connection for OSA as secondary to PTSD. The Veteran's representative raised a new issue of obesity potentially being an intermediate step between his service-connected PTSD and current sleep apnea.

Service connection has been granted for tinnitus, residuals of left side epididymis and hypogonadism, and chronic sinusitis. The Veteran's appeals for service connection for seizures, right knee disability, left knee disability, left hip disability, left eye disability, otitis media, rosacea, and basal cell carcinoma on the face are being remanded.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his military service.

The Board has remanded the claims for service connection for various conditions, including hypertension, respiratory disorders, sleep apnea, poor circulation, chronic infections, Bell's Palsy, Dupuytren’s Contracture, peripheral neuropathy of the upper and lower extremities, cataracts, erectile dysfunction, a skin disorder, and plantar fasciitis, all claimed as secondary to diabetes mellitus. The claims are remanded for further development including VA examinations.

The Board denied service connection for a lumbosacral spine disability and denied an earlier effective date for TDIU. The Veteran's lumbosacral spine disability is not related to active service or her service-connected right foot disability, and she was found employable prior to October 19, 2015.

The Board denied the Veteran's claims for service connection for a right hip disability and entitlement to TDIU, finding that his current right hip disability is not related to active service or any incident of service, including as due to a service-connected lumbosacral spine disability. The Board also found that his service-connected disabilities do not preclude him from securing or maintaining a substantially gainful occupation.

The Board denied service connection for residuals of a traumatic brain injury (TBI)/mental disorder other than PTSD and obstructive sleep apnea, as secondary to the Veteran’s service-connected PTSD. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Veteran's BPH was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's Peyronie's disease was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's skin disorder, including actinic keratosis, seborrheic keratosis, rosacea, was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's COPD was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's squamous cell carcinoma (skin cancer) was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's allergic rhinitis was not shown as etiologically related to exposure to herbicide agents nor was it shown to be chronic in service; he did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.

The Veteran's sleep apnea was found to have begun during service and is granted as service connected.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during active duty and have persisted since then.

The Veteran's claims for service connection for various conditions, including malignant melanoma, lymphoma, tinnitus, obesity, diabetes mellitus, erectile dysfunction, bilateral hearing loss disability, peripheral neuropathy of the left and right feet, ischemic heart disease, hypertension, and sleep apnea have all been denied. The denial is based on a lack of evidence linking these conditions to service or any other relevant factor.

The Board has remanded the case due to incomplete medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected diabetes mellitus and whether obesity, which may be aggravated by diabetes mellitus, contributed to his OSA.

The Board has reopened the claim for service connection for obstructive sleep apnea as secondary to asthma and granted it. The decision is based on new evidence provided by a private physician linking the Veteran's obstructive sleep apnea to his service-connected asthma.

The appeal seeking an increased rating for a low back disability is dismissed. The claim for service connection for sleep disorder, to include sleep apnea, is remanded.

The Veteran's claim for service connection for bilateral hearing loss has been granted. The Veteran's claim for service connection for sleep apnea is being remanded.

The Veteran's GERD, sleep apnea, and bilateral TMJ dysfunction have been granted service connection. The Veteran's hypertension has not met the criteria for a compensable rating.

The Veteran's service-connected PTSD is found to be the primary cause of his obstructive sleep apnea, hypertension, kidney disease, joint problems/gout, and skin disorder. Service connection for these conditions is granted.

The Board dismissed all claims for increased ratings as the Veteran withdrew his appeals prior to a decision being made.

The Veteran's sleep apnea is granted service connection. An increased rating of 50 percent for chronic headache disorder is granted effective January 31, 2018. The Veteran's discoid lupus erythematosis and scarring alopecia are each granted an increased rating since specific dates. TDIU due to service-connected disabilities is also granted.

The Board has remanded the cases for additional development due to inadequate examination reports and failure to address specific remand directives.