Sleep apnea decisions — 2018

The Veteran's TDIU claim for the period prior to September 6, 2013 is granted. The Board found that his service-connected disabilities precluded him from obtaining and retaining substantially gainful employment during this time.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to inadequate opinions and missing treatment records. The case will be returned for further development.

The Veteran's sleep apnea is found to be related to his service-connected PTSD, as the stress from PTSD led to overeating and weight gain, which resulted in sleep apnea. The Board granted service connection for sleep apnea secondary to PTSD.

The Veteran's claims for service connection for bilateral knee, foot, and cervical spine disabilities were previously denied. New evidence did not raise a reasonable possibility of substantiating these claims.,Service connection was granted for a headache disorder secondary to tinnitus and major depressive disorder, and OSA was also granted as secondary to major depressive disorder.

The Veteran's major depressive disorder is currently rated at 70 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's cervical spine degenerative disc disease is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's lumbosacral spine degenerative joint and disc disease is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's posttraumatic tension headaches are currently rated at 30 percent, and the Board finds that a higher evaluation is not warranted.

The Board has reopened the claim of service connection for a thoracolumbar spine disability and granted service connection for headaches, major depressive disorder, and obstructive sleep apnea. The cervical spine disability claim remains denied as new and material evidence was not received.

The Board has determined that the VA examination and opinion provided in September 2013 were inadequate, as they did not address whether the Veteran's service-connected TBI or PTSD aggravated his obstructive sleep apnea. The case is being remanded to obtain an addendum medical opinion from a clinician.

The Board denied service connection for various conditions including fibromyalgia, malaria, brucellosis, Coxiella burnetii, chronic fatigue syndrome, mycobacterium tuberculosis, sleep apnea, angina pectoris, irritable bowel syndrome (IBS), amyloidosis, amyotrophic lateral sclerosis (ALS), chloracne, and hemorrhage as there is no probative evidence of current disabilities for any period on appeal.

The Veteran's claims for increased ratings for lumbosacral strain and unspecified depressive disorder associated with his back condition are being remanded due to the need to obtain additional information from Social Security Administration (SSA) records.

The Veteran's claims for service connection for various conditions, including sleep disorder (to include sleep apnea), cold injury residuals of the hands, low back disability, bilateral hearing loss disability, tinnitus, stroke, craniotomy, and headaches have been denied. The cases are remanded to obtain clarification on the Veteran’s periods of active duty, ACDUTRA, and INACDUTRA, and for further medical examinations.

The Board has determined that the VA examiner's opinion is inadequate and requires a new examination to determine if the Veteran’s obstructive sleep apnea is caused or aggravated by his service-connected PTSD.

The Board has remanded several issues related to the Veteran's service connection claims, including chronic pain and tendonitis, bilateral foot disability, hypertension, erectile dysfunction, diabetes mellitus, PTSD, low back disability, hypercholesterolemia, sleep apnea, and a rating for dysthymia and panic disorder. The Board also ordered additional VA treatment records to be obtained.

The Veteran's appeal is remanded for further development, including a new VA examination to determine the nature and possible relationship of his sleep apnea to service or other service-connected disabilities. Additionally, an appropriate VA examination is needed to assess the current severity of his bilateral plantar fasciitis. The effective date issue must also be addressed in a Statement of the Case.

The Board has remanded several claims for further development, including those related to gout, left wrist disorder, right wrist disorder, back disorder, sleep apnea, headaches, and an acquired psychiatric disorder. The Veteran's service treatment records show he reported and was treated for many of these conditions during his military service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a link between his service-connected major depressive disorder and his current sleep apnea.

The Board has granted the Veteran's request to reopen his claim for service connection for a sleep disorder, including sleep apnea. The Board also remanded the issue of entitlement to a rating reduction for pseudofolliculitis barbae and tinea versicolor from 60% to 10%. A VA examination is needed to determine the current nature and etiology of any sleep disability.

The Veteran's claims for increased ratings and initial ratings are being remanded due to the need to obtain Social Security Administration (SSA) records.

The Board has decided to remand the case due to insufficient evidence regarding the current severity of the service-connected thoracolumbar spine disability, including its nature and extent as well as any flare-ups. A new examination is required.

The Board has determined that an earlier effective date for the award of service connection for left ankle sprain is not warranted, and the case is remanded to obtain additional medical records and conduct a new VA examination.

The Veteran's claim for service connection of sleep apnea has been reopened and is granted.