Sleep apnea Board decisions

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's migraine headaches are found to have started during service and granted service connection.,There is no evidence of sleep apnea or related disability, and the claim for this condition is denied.

The Veteran's claims for PTSD, arrhythmia, hypertension, diabetes, skin rash, sleep apnea, TBI, vertigo, and erectile dysfunction were denied as there is no persuasive evidence of a current disability or a link to service.,Specifically, the Board found that the Veteran did not have a current diagnosis of PTSD under DSM-5 criteria at any time during or approximate to the pendency of the claim. The Veteran's arrhythmia and hypertension are conceded but do not meet the nexus requirement as there is no persuasive evidence they began in service.,The Veteran's diabetes was not shown as chronic in service, manifested to a compensable degree within the applicable presumptive period, or etiologically related to an in-service injury or disease. The Veteran's skin rash and sleep apnea were also denied due to lack of persuasive evidence.

The Veteran's claims for PTSD, arrhythmia, hypertension, diabetes, skin rash, sleep apnea, TBI, vertigo, and erectile dysfunction were denied as there is no persuasive evidence of a current disability or a link to service.,Specifically, the Board found that the Veteran did not have a current diagnosis of PTSD under DSM-5 criteria at any time during or approximate to the pendency of the claim. The Veteran's arrhythmia and hypertension are conceded but do not meet the nexus requirement as there is no persuasive evidence they began in service.,The Veteran's diabetes was not shown as chronic in service, manifested to a compensable degree within the applicable presumptive period, or etiologically related to an in-service injury or disease. The Veteran's skin rash and sleep apnea were also denied due to lack of persuasive evidence.

The Board has decided to remand the case due to a pre-decisional duty-to-assist error, specifically regarding the relevance and content of the June 2018 sleep study report. The Veteran's OSA is being considered for service connection.

The Board has remanded the case due to a lack of an adequate rationale regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected right foot fifth toe disability, left knee disability, and tinnitus.

The Veteran's claim for service connection for lumbosacral strain was granted with an effective date of January 2, 2014. The decision is based on newly received service department records from the Veteran's in-service treatment in August 2009.

The Veteran's asthma was granted an increased rating to 30 percent effective November 19, 2019. Service connection for sleep apnea and tinnitus were also granted.

The Veteran's low back disability is rated at 40 percent effective January 29, 2009. The rating will be reduced to 10 percent prior to May 29, 2018 and increased to 40 percent thereafter.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea is denied as the weight of evidence shows that the supplemental claim was filed on May 2, 2019.

The Board has determined that the Veteran's right ear hearing loss did not meet the criteria for service connection as it was not shown during active service or at any time thereafter.,The Board has also determined that the Veteran's recurrent lumbosacral spine disability, including degenerative disc disease and spondylosis, did not meet the criteria for service connection as there is no evidence of such disability in service or for many years thereafter.

The Veteran's claims for service connection for a right shoulder disorder and sleep apnea syndrome have been denied. The Veteran is granted a total disability rating based on individual unemployability due to PTSD.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's sleep apnea and hypertension have been granted service connection, with the sleep apnea being granted on a direct basis. The Veteran is also assigned an initial rating of 10 percent for his hypertension.

The Board is remanding the claims for service connection for Meniere's disease and OSA as there are insufficient medical opinions to adjudicate these issues. The Veteran has been diagnosed with both conditions, but the VA examiners have not provided sufficient information regarding their relationship to his service-connected tinnitus.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected hypertension.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied, and the service connection claim for an acquired psychiatric disorder is remanded to obtain a VA medical opinion.

The Board denied service connection for sleep apnea as secondary to trochanteric pain syndrome of the right hip with osteoarthritis and tendinitis, limitation of extension. The appeal is remanded for a new VA examination to determine if the Veteran's sleep apnea had its onset in or is otherwise related to service.

The Veteran's buccal mucosa squamous cell carcinoma with cancer of the tongue and osteoradionecrosis of the jaw are granted service connection due to exposure to contaminated water at Camp Lejeune. The cancers were found to be caused by this exposure, and the osteoradionecrosis is secondary to treatment for the cancers.