Sleep apnea Board decisions

The Board has granted service connection for erectile dysfunction and urinary voiding dysfunction as secondary to the Veteran's service-connected bipolar disorder. Service connection for sleep apnea was denied.

The Veteran's service-connected depressive disorder is granted. The rating for his spondylolisthesis of the lumbosacral spine remains at 20 percent, but he is granted a separate rating for radiculopathy of the bilateral lower extremities.

The Board has remanded three issues related to the Veteran's sleep apnea and radiculopathy of the lower extremities. The first issue is whether the Veteran's current sleep apnea is related to his active service, including complaints of frequent trouble sleeping in service. The second and third issues are about whether the Veteran's radiculopathy of the lower left and right extremities is secondary to his service-connected degenerative arthritis of the lumbar spine with lumbago.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and sleep apnea due to inadequate opinions in the May 2017 VA examination. The issues are being remanded for additional development including obtaining STRs, verifying duty status, securing treatment records, and scheduling a VA examination.

The Veteran's lumbosacral spine spondylolisthesis disability is being remanded for further examination to determine its severity.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of increased rating for right knee degenerative joint disease.

The Board has remanded the Veteran's claims for service connection for sleep apnea and TDIU due to inappropriately conducted examinations and raised issues that are inextricably intertwined.

The Board denied service connection for chronic fatigue syndrome and sleep apnea as there is no probative medical evidence of current disabilities.

The Board has granted service connection for tinnitus and diabetes, but has remanded the issues of service connection for obstructive sleep apnea and erectile dysfunction.

The Veteran's hearing loss, sinus disability, obstructive sleep apnea, hypertension, and disabilities of the veins in each leg are not service-connected as they did not arise during a period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).,Hemorrhoids were also not service-connected as there is no evidence that they arose during ACDUTRA or INACDUTRA.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) was incurred during his active service, and thus grants service connection for OSA.

The Veteran's lumbar spine disability is rated at 20% since February 22, 2013. The Board has granted an initial rating of 20% for the lumbar spine disability beginning February 22, 2013. However, other issues such as service connection for a spleen disability and right knee disability are remanded due to lack of proper examination.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected chronic pulmonary condition.,The Veteran's service-connected depression is granted as related to his service-connected disabilities.,An earlier effective date of June 4, 2013 for the grant of service connection for tinnitus is granted.,An earlier effective date of November 23, 2009 for the grant of service connection for a chronic pulmonary condition with restrictive and obstructive lung disease is granted.,The Veteran's claim for higher disability evaluation for bilateral hearing loss is remanded.,The Veteran's claim for an earlier effective date for a 10% disability evaluation for service-connected bilateral hearing loss is remanded.,The Veteran's potential eligibility under 38 C.F.R. § 3.324 is inextricably intertwined with the increased rating claims and will be addressed on remand.

The Veteran's PTSD has been rated at 70 percent since January 16, 2013. The Board is remanding the issue of service connection for sleep apnea.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain with degenerative disc disease was denied. The Board found that the September 1978 and August 1998 rating decisions denying service connection were final, as there was no CUE in these decisions.

The Board has determined that the Veteran's chronic sinusitis, hemorrhoids, tinnitus, and lumbosacral disability are not related to his active service.,Service connection for hypertension is granted at a 10 percent rating.

The Veteran's claims for sleep apnea, PTSD, and depression have been denied. The claim for neurologic disability (memory loss) is remanded due to lack of evidence linking the condition to service.

The Board has determined that a VA examination is necessary to determine if the Veteran's sleep apnea is related to his service, specifically his service in Southwest Asia during the Gulf War.

The Board has determined that VA did not fulfill its duty to assist in this case and has remanded the claims for further development of the Veteran’s service connection claims.

The Board has decided to remand the Veteran's claims for sleep apnea and hypertension due to herbicide exposure during service. The claims will be reviewed again with additional medical opinions.