Sleep apnea decisions — 2021

The Board has granted service connection for a bilateral ear disorder, but the claims for low back, left knee, bilateral hip, and sleep apnea disorders are remanded due to the need for further development.

The Veteran's PTSD, back, knee, and right ankle disabilities are remanded for additional development to determine their current severity.

The Veteran's Major Depressive Disorder is granted service connection. Service connection for migraine headaches and sleep apnea are denied as they are not secondary to his MDD.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his service-connected peripheral neuropathy and peripheral vascular disease of the bilateral lower extremities caused his obesity, which in turn caused his obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection for sleep apnea and diabetes mellitus, type II due to potential exposure to hazardous chemicals while stationed at Dugway Proving Ground in service. The Veteran will be afforded VA examinations to evaluate the nature and likely etiology of his claimed conditions.

The Board has granted service connection for sleep apnea and TMJ, finding that the Veteran's current disabilities are at least as likely as not related to her active-duty service. The case is being remanded for a VA examination of her allergic rhinitis.

The Board has denied service connection for hypertension, a heart disability, sleep apnea, and headaches. The Veteran's tension headaches are now granted.

The Veteran's claim for an increased evaluation of hypertensive heart disease with left ventricular hypertrophy associated with essential hypertension is denied. The Board has also remanded the issue of service connection for a sleep disorder, to include as secondary to service-connected disabilities.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent, from July 29, 2014, to October 27, 2019, and in excess of 60 percent thereafter, for lumbosacral strain and IVDS; as well as initial ratings of 10 percent, from August 27, 2013, to October 28, 2019, and in excess of 40 percent thereafter, for radiculopathy of the left and right lower extremities. The remand includes obtaining additional medical evidence and conducting a new examination.

A rating of more than 10 percent for tinnitus is denied.,An earlier effective date of January 4, 2017, for the increased rating to 20 percent for bilateral hearing loss is granted.,The Veteran's application to reopen a claim of service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder is granted.,Service connection for recurrent major depressive disorder is granted.,The Veteran's application to reopen a claim of service connection for chronic headaches is granted.,Service connection for migraine headaches is granted.,Service connection for obstructive sleep apnea (OSA) is granted.,The Veteran's application to reopen a claim of service connection for a low back condition is granted.,The Veteran's application to reopen a claim of service connection for sinusitis is denied.,The Veteran's application to reopen a claim of service connection for a chronic enlarged prostate is granted.,The Veteran's application to reopen a claim of service connection for chronic erectile dysfunction is granted.,The Veteran's application to reopen a claim of service connection for chronic kidney disease is denied.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that there is no evidence to support a direct or secondary relationship between his sleep apnea and his military service. The Board also found that the Veteran's PTSD did not cause or aggravate his sleep apnea.

The Veteran's claim for service connection for erectile dysfunction based on aggravation is granted. The appeal related to the restoration of a 20 percent rating for lumbosacral strain is also granted. However, both issues related to service connection are remanded due to inadequate medical opinions and examination reports.

The Board has found that new evidence supports the Veteran's claim for service connection for sleep apnea, which was previously denied. The decision is remanded to obtain an opinion on whether the Veteran's current sleep apnea is related to his active duty service or caused by his service-connected tinnitus.

The claims for service connection for right foot condition, sleep apnea, and fibromyalgia have been denied. The claim for special monthly compensation based on the need for aid and attendance of another person has been granted.

The Veteran's claim for an earlier effective date for the award of a TDIU is denied as there was no formal or informal communication prior to May 7, 2020 expressing an intent to file a claim for a TDIU.

Service connection for a right ankle disability is granted.,The issues of entitlement to service connection for headaches, bilateral hearing loss, and sleep apnea are remanded due to the need for additional examination and opinion.

The Board has found that there are errors in the decision regarding service connection for Meniere's disease and sleep apnea, specifically related to whether these conditions pre-existed service or were aggravated by military service. The Veteran is entitled to a remand to obtain additional medical opinions addressing these issues.

The Board has determined that the Veteran's sleep apnea had its onset during service and is related to his military service, granting service connection for this condition.

The Board has granted service connection for tinnitus. The remaining issues of service connection for jaw condition, left shoulder condition, right shoulder condition, bilateral flatfoot, left wrist tendinitis, right carpal tunnel syndrome, and sleep apnea are remanded due to the need for additional examinations.

The Veteran's claims for service connection for bronchial asthma, obstructive sleep apnea, and allergic rhinitis have been reopened due to the submission of new evidence. The Board has granted these claims.,Service connection is denied for residuals of strep throat.