Sleep apnea decisions — 2020

The Veteran's bilateral hearing loss and tinnitus are related to service, with the Board finding credible his reports of in-service noise exposure. Service connection is granted for these conditions.,The Veteran's erectile dysfunction as secondary to a service-connected back condition is also granted.

The Board denied service connection for hypertension, obstructive sleep apnea, and psoriasis. The claims were based on direct service connection rather than a presumption or exposure to environmental hazards.

The Veteran's appeal was denied for a disability rating in excess of 10 percent for lumbar spine disability, and for ratings in excess of 10 percent for diffuse degenerative joint disease of the right hand, index finger, long finger, and ring finger. The appeals were based on service connection for these conditions.

The Board denied the Veteran's claim for VR&E services due to his service-connected disabilities not meeting the threshold requirements of having an employment handicap, despite his master’s degree and over 20 years of experience in healthcare.

The Board has dismissed the Veteran's claims for service connection for right eye, lower back, neck, and left leg conditions due to their withdrawal by the Veteran. The remaining issues of service connection for acquired psychiatric condition (including PTSD and depression), sleep apnea, hyperthyroidism, Barrett's esophagus condition, and high blood pressure or hypertension are remanded.

The Board has granted service connection for erectile dysfunction as secondary to PTSD and remanded the sleep apnea claim due to a lack of an opinion regarding its onset in service.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain with degenerative disc disease and scoliosis is being remanded due to the need for additional development of evidence.

The Board has decided to remand the cases of sleep apnea and hypertension disabilities for further development.

The Board has remanded the claims of service connection for obstructive sleep apnea and hypertension due to insufficient medical opinions addressing the etiology of these conditions. The Veteran's representative submitted additional articles that were not considered in previous VA opinions.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected type II diabetes mellitus and hypertension.

The Veteran's sleep apnea was found to have started during his military service, and the Board granted service connection for this condition.

The Board has granted service connection for Major Depressive Disorder as secondary to the Veteran's service-connected lumbosacral degenerative disc and joint disease.

The Board has granted service connection for a kidney condition secondary to diabetes mellitus, type II. The issues of service connection for sleep apnea, lung condition (claimed as ischemic heart disease), and hypertension due to herbicide exposure are remanded.

The Board has denied a compensable rating for GERD and remanded the issue of increasing the rating for obstructive sleep apnea due to insufficient medical evidence establishing a baseline level of severity.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD and MDD. The RO must attempt to corroborate the Veteran’s in-service stressors and schedule a psychiatric examination to determine the nature and etiology of any current psychiatric disorders found.

The Board denied the Veteran's appeal because his timely substantive appeal was not received within 60 days of the October 16, 2019 Statement of the Case.

The Board has determined that there are errors in the decision and has ordered a remand to address the Veteran's exposure to asbestos during service, as well as his relationship between sleep apnea and his headaches.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his active duty service.

The Veteran's claim for a higher rating for his degenerative joint disease/degenerative disc disease of the lumbosacral spine was denied as he is already receiving the maximum schedular rating available based on symptomatology that includes limitation of motion.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his in-service complaints and current disability.