Sleep apnea decisions — 2021

The Veteran's service-connected depressive disorder and sleep apnea have been granted. Bilateral hearing loss and tinnitus remain at their current levels, with no higher ratings available.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a causal relationship between his in-service symptoms and his current condition.

The Board has found that the Veteran's COPD and OSA are not service-connected due to his service-connected sinusitis, allergic rhinitis, tinnitus, or depressive disorder. The case is being remanded for further development.

The Board has remanded the cases of sleep apnea, thyroid disability (to include as due to exposure to herbicide agents), and hypertension for further development.

The Veteran's sleep apnea is not service-connected, but his tinnitus is found to be related to service.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from January 6, 2014 through March 14, 2020. Effective January 6, 2014, the Veteran was granted TDIU.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and/or GAD, and obstructive sleep apnea as the evidence did not establish a causal relationship between these conditions and active duty.

The Board has dismissed the appeal as to all claims due to the Veteran's death.

The Board has remanded the Veteran's claims for obstructive sleep apnea, increased rating for bronchitis prior to August 31, 2015, and an evaluation in excess of 60 percent for asthma with bronchitis from August 31, 2015 due to outstanding VA treatment records.

The Veteran is entitled to a TDIU from January 15, 2014 to July 11, 2019 due to his service-connected disabilities that rendered him unable to secure or follow substantially gainful employment.

The Board has decided to remand the case due to the need for a supplemental medical opinion regarding the relationship between the Veteran's sleep apnea and his service.

The Veteran's tinnitus is found to be service-connected, with an effective date of March 21, 2017.,An earlier effective date of March 21, 2017 for the 40 percent rating assigned for lumbosacral strain and discogenic disease is granted.,Service connection for a gastrointestinal disability (claimed as diverticulosis) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a prostate disability (claimed as prostate cancer) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for bilateral hearing loss, sinusitis, allergic rhinitis, heart condition, hypertension, and diabetes mellitus are all remanded due to lack of evidence regarding their relationships with service-connected conditions.,Service connection for osteopenia is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a cervical spine disability is remanded due to lack of evidence regarding its relationship with service-connected conditions.

The Board has remanded the claims of service connection for COPD, hypertension, and asbestosis due to new evidence received since the last final decision.

The Board has remanded the cases of cervical spine with degenerative disc disease and sleep apnea due to insufficient examination findings. The Veteran's claims for secondary service connection need further evaluation, as well as a determination on whether his sleep apnea is related to service.

The Veteran's claims for service connection for sleep apnea, DMII, xerostomia, aerophagia, and rhinitis have been granted.,Service connection has been established for xerostomia as secondary to the Veteran’s service-connected hypertensive heart disease.

The Board denied service connection for degenerative joint disease (DJD) of the lumbosacral spine and cervical spine, finding that there was no evidence of a chronic disability present during or within one year after active duty, and that current DJD is not otherwise causally related to service.

The Board has remanded the Veteran's claims for service connection for a breathing disorder, obstructive sleep apnea, and hypertension due to issues with the examination reports and need for additional medical opinions.

The Board has remanded the case for further development, including obtaining an addendum medical opinion regarding the relationship between the Veteran's sleep apnea and his military service. The appeal is also being considered on the secondary service connection theory.

The Board has remanded the cases for further examination and etiology opinions due to the Veteran's assertions of increased disability severity and new evidence submitted.