Sleep apnea decisions — 2018

The Veteran's claims for higher evaluations and TDIU are being remanded due to the need for additional examinations and development of her medical records.

The Board has remanded the case due to insufficient evidence regarding the Veteran's chronic sinus disorder and obstructive sleep apnea claims. The Veteran is not shown to have a current diagnosis of either condition, and her service records do not support a finding that these conditions are related to her military service.

The Veteran's claims for service connection for a back condition, PTSD/depression, and sleep apnea have been dismissed. The issue of TDIU is also remanded.

The Board has determined that the previous VA opinion is inadequate and requires a new examination to determine if the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD.

This decision denies an increased rating for OSA and grants a TDIU. The Board finds the Veteran's service-connected lumbar spine, bilateral lower extremity (BLE) radiculopathy, OSA, PTSD, LLE peripheral neuropathy, RLE peripheral neuropathy, and hypertension do not warrant staged ratings as his symptoms have not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the presence of a tracheostomy. The Board also finds that the Veteran is unable to secure and follow substantially gainful employment due to service-connected disabilities.,PTSD has been rated 50 percent disabling since September 16, 2008, and 70 percent disabling since October 24, 2011. Lumbar spine disability was rated 10 percent disabling as of April 20, 2004; LLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; RLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; and hypertension was rated non-compensable as of September 8, 2005. The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.,PTSD has been rated 50 percent disabling since September 16, 2008, and 70 percent disabling since October 24, 2011. Lumbar spine disability was rated 10 percent disabling as of April 20, 2004; LLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; RLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; and hypertension was rated non-compensable as of September 8, 2005. The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that the evidence of record meets the minimum threshold for obtaining a VA examination to determine the current severity of the Veteran's lumbar spine disability and whether his sleep apnea is related to service. The case is being remanded for these examinations.

The Board has remanded several issues related to the Veteran's claims for service connection, including muscle pain, COPD, positive PPD test results, and sleep apnea. The reasons for remanding these cases are not provided in the decision.

The Board has determined that the Veteran's sleep apnea was present during his military service and grants service connection for this condition.

The Board has granted service connection for gouty arthritis of both feet. The case is being remanded to address the Veteran's claims for bilateral knee arthritis, COPD, sleep apnea, and ratings in excess of 10 percent for right and left foot gout.

The Veteran's tinnitus is being remanded for a VA examination to determine its etiology.,The Veteran's stomach problems are being remanded for a VA examination to determine their nature and etiology.,The Veteran's chest problems are being remanded for a VA examination to determine their nature and etiology.,The Veteran's acquired psychiatric disorder is being remanded for a VA examination to determine its nature and etiology.,The Veteran's headaches are being remanded for a VA examination to determine their nature and etiology.,The Veteran's right leg condition is being remanded for a VA examination to determine its nature and etiology.,The Veteran's left leg condition is being remanded for a VA examination to determine its nature and etiology.,The Veteran's sleep apnea is being remanded for a VA examination to determine its nature and etiology.

The Veteran's sleep apnea and acquired psychiatric disorders (including depression and anxiety) are remanded for further development, including VA examinations to determine their etiology.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition did not have its onset during or is otherwise related to his military service. The Board also found that hypertension was not a cause of or aggravated by the Veteran's obstructive sleep apnea.

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

The Board denied service connection for obstructive sleep apnea as the evidence did not support a finding that it began during active service or was related to an in-service injury, event, or disease.

The Veteran's low back strain and lumbar spasms, respiratory disease (manifested by dyspnea on exertion), and obstructive sleep apnea are all granted as service-connected.,Regarding the application to reopen a previously denied claim of entitlement to service connection for posttraumatic stress disorder (PTSD) and an acquired psychiatric disorder (other than PTSD), including an adjustment disorder, this matter is remanded.

The Board has denied service connection for tinea pedis and dismissed the claim of service connection for sleep apnea. The claims of service connection for erectile dysfunction, bilateral hands disability, and radiculopathy of the right lower leg are all remanded.

The claim of service connection for posttraumatic stress disorder and sleep apnea is being remanded due to the need for additional medical opinions.

The Board has remanded the cases for further examination and rating determinations due to inadequate examinations in previous decisions.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and anxiety disorders, as well as obstructive sleep apnea secondary to the acquired psychiatric disorder. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has remanded the case due to a lack of an examination for sleep apnea and incomplete readjudication. The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected posttraumatic stress disorder (PTSD), will be returned to the RO for further development.