Sleep apnea Board decisions

The Veteran's sleep apnea is found to have had its onset during service and is therefore granted as service connected.

The Board finds that the Veteran's OSA is related to service and grants entitlement to service connection for OSA.

The Veteran's appeal is being remanded for additional development to determine the relationship between his sleep apnea and headaches, including whether they are related to service.

The Board has granted service connection for left shoulder and back disabilities, as well as for obstructive sleep apnea. Service connection was also reopened for the Veteran's left ear hearing loss due to in-service noise exposure.

The Board found that the Veteran did not have a current diagnosis of hypertension or sleep apnea, and thus denied service connection for these conditions. The claim for higher evaluations for left lower extremity varicose veins was also denied as there is no evidence showing persistent edema with stasis pigmentation or eczema.

The Board found that the Veteran's degenerative lumbosacral spondylosis was not caused or aggravated by his service-connected lumbosacral strain.,The Board also determined that there is no evidence of bilateral lower extremity radiculopathy related to, or aggravated by, active service.

The Veteran's lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent. The separate ratings for radiculopathy of the right and left lower extremities are also in place. However, the claim for a TDIU prior to August 16, 2010, or solely due to service-connected lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine, with associated radiculopathy of the bilateral lower extremities, prior to January 21, 2014, has been denied.

The Veteran's lumbar spine disability is currently rated at 20 percent and his left shoulder disability is also rated at 20 percent. The Board found that neither condition warranted a higher rating based on the evidence of record.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's sleep apnea and whether it was caused or aggravated by his opiate abuse and alcohol use.

The Veteran's claims for increased ratings and service connection have been denied. The appeal is not about service connection at all, e.g., a clothing allowance or fee dispute.

The Veteran's PTSD resulted in disability nearly approximating occupational and social impairment with reduced reliability and productivity due to symptoms of anxiety, depressed mood, anger, irritability, hypervigilance, nightmares, and difficulty in establishing and maintaining effective work and social relationships. The Board found his disability picture most nearly approximated the criteria for a 50 percent rating.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service and his residuals of jaw reconstruction, including TMJD, were also incurred during active duty. The claim for service connection is granted.

The Board has determined that the Veteran's sleep apnea is related to his active duty military service and grants entitlement to service connection for this condition.

The Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's appeal involves multiple issues related to various conditions and service connection claims. The case is being remanded for additional development, including obtaining updated VA treatment records and ensuring all relevant VA treatment records are associated with the file.

The Veteran's death was not determined to be due to a service-connected disability, including those presumed due to herbicide exposure.

The Veteran's claim for service connection for an acquired psychiatric disorder and obstructive sleep apnea has been reopened, and the Board finds that new and material evidence has been submitted. The Veteran is presumed to have had a pre-existing acquired psychiatric disorder which was aggravated by his military service. Service connection is granted for this condition. The issue of service connection for problems sleeping to include obstructive sleep apnea is denied as there is no competent evidence showing the condition began during or within one year of service, and it is not otherwise related to service. The issues of back condition and right knee condition are dismissed due to withdrawal by the Veteran.

The Veteran's PTSD has been rated at 50% since January 7, 2016. This grant of a higher rating is effective as of that date.,The Veteran was granted TDIU based on his service-connected disabilities prior to September 22, 2015.

The Board has reopened the Veteran's claims for service connection for various disabilities, including lung disability, bilateral knee and hip disabilities, low back disability, neck disability, obstructive sleep apnea, and depressive disorder. The new evidence supports reopening these claims.

The Veteran's appeal regarding an earlier effective date for the assignment of a 50 percent rating for sleep apnea has been withdrawn.,The Veteran's claim for an earlier effective date for service connection for PVCs was denied as no new and material evidence had been received since his last denial in December 2009. The earliest application to reopen the claim was filed on October 26, 2010.,Service connection for hypertension has been granted as secondary to service-connected sleep apnea.