Sleep apnea decisions — 2021

The Veteran's claims for service connection for high cholesterol, sleep apnea, and a thoracolumbar spine disorder have been dismissed due to withdrawal of the appeal. The claim for hypertension has been granted but denied. Claims for headaches and an acquired mental disorder were also granted.,Service connection was not established for any of the conditions listed.

The Board has determined that the Veteran's currently diagnosed sleep apnea had its onset during his military service and grants his claim for service connection.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no nexus between his current disability and service. The Board also found no evidence of a diagnosis during service or secondary to service-connected diabetes mellitus type II.

The Board has dismissed the appeals for service connection of right ear hearing loss and sleep apnea due to the death of the appellant.

The Veteran's service-connected migraine headaches and lumbosacral strain have prevented her from securing or following a substantially gainful occupation since at least April 10, 2007. The Board has determined that the criteria for referral to the Director of Compensation Service for an extraschedular TDIU are met.

The Board denied service connection for glaucoma and obstructive sleep apnea, finding no current diagnosis of these conditions and noting that the March 1990 administrative record reflecting severe glaucoma was generated in error.

The Board has decided to remand the claims for further development due to outstanding VA medical records at the Wilmington, Delaware VAMC. The Veteran is entitled to an effective date earlier than August 30, 2016 for left ear hearing loss and service connection for right ear hearing loss, acquired psychiatric disorder (claimed as a nervous condition), sleep apnea, and eye disorder.

The Veteran's sleep apnea was granted service connection. The gastric polyp disability claim was denied, and the GERD rating was granted at a 10% level.

The Veteran's service-connected disabilities, including lumbosacral strain, esophageal hiatal hernia with narrowing of esophagogastric junction, unspecified anxiety disorder, osteoarthritis with calcified peri-tendinosis in both shoulders, and dermatitis, eczematous, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on the combined rating of at least 70 percent for his service-connected disabilities.

The Board has remanded the claims of service connection for bilateral hearing loss, sleep apnea, and PTSD due to new evidence and procedural issues.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the condition had its onset during service. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's sleep apnea is granted as service connected. The bone condition of the left leg, other than left knee disability, and external cutaneous nerve damage of the left lower extremity are not granted as service connected.

The Board has determined that the Veteran's current sleep disorder, including sleep apnea, was not present during service or until many years after service and is not related to any in-service events. The preponderance of evidence does not support a finding that his current condition is caused by or aggravated by his service-connected disabilities.

The Veteran's service-connected disabilities did not render him unemployable for the period prior to January 9, 2020. The Board found that he maintained employment through at least early 2020 and his contentions were outweighed by the opinions of VA examiners.

The Veteran's claims for a higher rating for TBI with residual headaches, service connection for an acquired psychiatric disability secondary to TBI, and service connection for sleep apnea are being remanded due to the need for additional development.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of a compensable rating for the left wrist ganglion cyst.

The Veteran's service-connected disabilities did not prevent him from securing or following gainful employment prior to October 2, 2012. Therefore, the claim for TDIU is denied.

The Veteran's claims for service connection for sleep apnea, a lung disability claimed as atelectasis, and a liver cyst have all been denied. The Board found that the evidence did not support a finding of current disabilities or a causal relationship to service or exposure to herbicide agents.

The Veteran's service-connected low back disability does not meet the schedular requirements for a TDIU, but his claim is remanded to consider whether he qualifies for an extra-schedular TDIU under VA policy.

The Board has decided to remand the case due to inadequate reasons or bases for not providing a VA examination, and the Veteran should be afforded one.