Sleep apnea Board decisions

The Board denied service connection for obstructive sleep apnea and hypertension, finding that the evidence did not support a link to service or service-connected conditions.,Both conditions were found to be directly related to the Veteran's active service without any secondary or aggravation claims being considered.

The Board has decided to remand the case due to insufficient opinions regarding the relationship of sleep apnea to service, specifically whether it is related to presumed exposure to herbicide agents and/or proximately due to PTSD.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and a need for further development, including verification of periods of active duty training (ACDUTRA) and rescheduling VA examinations.

The Board has dismissed the appeal of the skin disorder claim due to withdrawal by the Veteran. The remaining claims for respiratory disorders, sleep apnea, headache disorder, acquired psychiatric disorder, and gout are remanded for further development.

The Board has remanded the Veteran's claims of service connection for residuals of a deviated septum and sleep apnea due to insufficient opinions in the November 2019 VA examinations.

The Board denied service connection for tinnitus and sleep apnea, finding that the evidence did not support a link to service or exposure to herbicide agents.

The Board has decided to remand the case due to non-compliance with previous remand directives and a need for another VA respiratory examination.

Service connection for sleep apnea has been granted, effective from the date service connection was established.,An earlier effective date of April 11, 2013, is denied for PTSD as it was received on that date. An effective date of April 23, 2007, is granted for a 50 percent evaluation for bilateral pes planus with plantar fasciitis and calcaneal spurs.,Service connection for type II diabetes mellitus (diabetes) is remanded to obtain relevant medical records.

The Veteran's claim for a higher rating for depressive disorder was denied. The Board found the symptoms did not meet the criteria for a higher rating.,Claims for service connection for right ear hearing loss and left ear hearing loss were reopened, but no new evidence was provided to support these claims.

The Board denied service connection for Obstructive Sleep Apnea (OSA) as there was no evidence linking the condition to active duty service, and it did not manifest within one year of separation.

The Veteran's IBS, GERD, OSA, and Sleep-Wake Disorder are all granted. The Veteran is also awarded a compensable evaluation for his IBS. Service connection is established for bilateral ankle disability, knee pain, shin pain, foot swelling, and hand swelling due to Gulf War undiagnosed illness.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his obesity caused by his service-connected PTSD, and therefore grants service connection for this condition on a secondary basis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities not precluding him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims for service connection for ruptured discs of the neck and back, as well as the claim to reopen a previously denied claim for lumbosacral strain (low back pain/degenerative disc disease). The AOJ is instructed to contact the Veteran and his representatives to obtain any outstanding records before readjudicating the claims.

The Board has remanded the Veteran's claims for a rating greater than 50 percent for sleep apnea with asthma and entitlement to special monthly compensation due to incomplete development of the issues.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's lumbosacral strain, as the previous examination report did not fully satisfy the requirements set forth in Correia v. McDonald (2016). The effective date claim is denied.

The Board denied reopening of previously denied claims for PTSD, anxiety, depression, sleep apnea, and bilateral tinnitus. The evidence did not meet the criteria to reopen any of these claims.

The Veteran's claim for a TDIU is remanded due to the fact that his combined rating does not meet the schedular criteria, but he has been unable to find suitable employment due to service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Board denied service connection for Obstructive Sleep Apnea (OSA) as it was not incurred in or aggravated by service, and is not proximately due to, aggravated by, or the result of a service-connected disability.

The Veteran's tinnitus is granted as service connected.,The Veteran's OSA is granted as secondary to his obesity, which was caused by his service-connected diabetes mellitus.