Sleep Apnea VA Claim Grants

Findings of Fact (verbatim from decision)

1. The Veteran was denied service connection for a low back disability in an October 1994 rating decision (coincident with a determination for vocational rehabilitation) and an October 1995 rating decision. He was notified of these decisions on October 31, 1995. The Veteran did not appeal these decisions, and new and material evidence was not actually or constructively received within one year of October 31, 1995. 2. Evidence added to the record more than one year after October 31, 1995 has not been previously considered and relates to an unestablished fact necessary to substantiate the claim of entitlement to service connection for a low back disability. 3.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the United States Army from December 1983 to April 1995 and from February 2004 to July 2004, including service in Iraq, with additional Reserve service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from April 2018 and June 2018 rating decisions by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). In this regard, new and material evidence was received within one year of the June 2018 rating decision, see July 2018 Statement in Support of Claim, and after the August 2018 rating decision that confirmed and continued the prior denial of service connection for sleep apnea the Veteran filed a timely appeal. Thus, the June 2018 rating decision never became final. See 38 C.F.R. § 3.156(b). In July 2022, the Veteran testified at a virtual hearing before the undersigned. The Veteran's attorney included boilerplate language in the April 2020 and May 2020 substantive appeals that is not in any way specific to this appeal, including a general assertion that the Veteran preserves for appeal "all errors the VA Regional Office may have made or the Board may hereafter make in deciding this appeal. This includes in failing to adjudicate issues or claims reasonably raised by the record even though not specifically mentioned by the appellant.…

Findings of Fact (verbatim from decision)

1. Resolving reasonable doubt in the appellant's favor, her OSA is due to her service-connected PTSD. 2. Resolving reasonable doubt in the appellant's favor, her migraines are related to her active duty service.

Reasons & Bases (verbatim from decision)

The appellant served on active duty in the United States Army from April 1974 to April 1977. She is the recipient of the National Defense Service Medal. Procedural History These matters come before the Board of Veterans' Appeals (Board) on appeal from December 2008 and May 2018 rating decisions by Department of Veterans Affairs' (VA) Veterans Benefits Administration, the agency of original jurisdiction (AOJ). The December 2008 rating decision, inter alia, denied entitlement to service connection for headaches. The May 2018 rating decision, inter alia, denied entitlement to service connection for OSA and entitlement to service connection for depression. The claims have an extensive procedural history, including Board remands in November 2015, March 2018, and December 2020, and remands from the United States Court of Appeals for Veterans Claims (CAVC) in September 2017 and July 2020. The matters have returned from the December 2020 Board remand for appellate consideration. Of procedural note, the issue of entitlement to an acquired psychiatric disorder was remanded by the Board in its December 2020 decision. Prior to returning to the Board, a January 2023 rating decision granted entitlement to service connection for acquired psychiatric conditions to include PTSD with a 100 percent disability rating effective January 13, 2017.…

Findings of Fact (verbatim from decision)

1. The evidence associated with the claims file subsequent to the May 2009 rating decision is neither cumulative nor redundant of evidence already of record and raises a reasonable possibility of substantiating the claim of entitlement to service connection for sleep apnea. 2. Sleep apnea had its onset during the Veteran's first period of active service.

Reasons & Bases (verbatim from decision)

The Veteran had active service from October 2003 to October 2006 and from February 2009 to March 2009. This matter is before the Board of Veterans' Appeals (Board) on appeal of a June 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Claim to Reopen In a May 2009 rating decision, the RO denied entitlement to service connection for sleep apnea. The RO denied the Veteran's claim because it found there was "no evidence this condition either occurred in or was caused by service." In a September 2011 rating decision, the RO denied reopening the Veteran's claim for lack of new and material evidence. The pertinent evidence that has been received since the September 2011 rating decisions includes VA treatment records, VA examination reports, and the Veteran's lay statements. VA examination reports indicate that the Veteran had onset of his sleep apnea symptoms on or around the time of his service. The Board finds that the new evidence obtained is not cumulative or redundant of the evidence previously of record. It also raises a reasonable possibility of substantiating the Veteran's claims. Accordingly, reopening the claims of entitlement to service connection for sleep apnea is warranted. Service Connection - Sleep Apnea The Veteran contends that his sleep apnea is related to his service in Iraq.…

Findings of Fact (verbatim from decision)

1. The probative evidence of record, including statements provided by the Veteran (which the Board finds to be competent and credible) supports a finding that the Veteran was diagnosed with exercise induced asthma during service and that his symptoms have persisted since exiting service. 2. The probative evidence of record, including statements provided by the Veteran (which the Board finds to be competent and credible) supports a finding that the Veteran reported issues with sleeping during service and that these symptoms have persisted since exiting service.

Reasons & Bases (verbatim from decision)

The Veteran, who is the appellant, had active service from February 2003 to December 2006. This matter came before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). As a preliminary matter, upon review of the evidence of record, the Board has elected to recharacterize the Veteran's claim as one for service connection for a sleep disorder to include sleep apnea. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009) ("the Veteran's claim cannot be "limited only to that diagnosis but must rather be considered a claim for any mental disability that may be reasonably encompassed.") Id. Service Connection 1. Service connection for asthma is granted. Legal Criteria Service connection may be granted for a disability arising from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and (3) a causal relationship (nexus) between the current disability and any injury or disease during service. Factual Background The Veteran reported a productive cough at a March 2003 in-service treatment.…

Findings of Fact (verbatim from decision)

Resolving reasonable doubt in the Veteran's favor, the Veteran's OSA is shown to be causally linked to his service-connected PTSD featuring insomnia symptomatology.