Sleep apnea decisions — 2018

The Board has remanded the case for additional development, including obtaining an addendum VA examination opinion regarding the nature and etiology of any current respiratory disability, to include obstructive sleep apnea. The Veteran's claim will be readjudicated based on the additional evidence.

The Veteran's claim for a compensable rating for bilateral hallux valgus was denied as the evidence did not show severe symptoms equivalent to amputation of the great toe. The Board also remanded issues regarding increased ratings for lumbosacral strain and depressive disorder, and entitlement to TDIU.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not proximately due to or aggravated by his service-connected PTSD with major depressive disorder.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Board has granted service connection for severe obstructive sleep apnea, but denied service connection for a left rib disorder and a disability due to a head injury (claimed as shock wave).

The Veteran's sleep apnea requires the use of a continuous positive airway pressure (CPAP) machine and warrants an initial compensable rating of 50 percent.

The Board has granted service connection for sleep apnea and tinnitus, finding that the Veteran's reported symptoms are related to his active duty service.

The Veteran's claims for service connection of various conditions, including left shoulder disorder, right shoulder disorder, sleep apnea, erectile dysfunction (ED), and a right hand disorder are all denied as there is no competent medical evidence establishing current disabilities or linking them to service.

The Veteran's obstructive sleep apnea is granted as service connected, with the Board finding that it had onset during active duty.

The Veteran's appeal is remanded due to the need to consider a claim of CUE in the January 2008 rating decision assigning a noncompensable rating for his lumbosacral spine disability, and then readjudicate the earlier effective date issue.

The Board has remanded the case for further review of the merits of the waiver request, including consideration of whether the Veteran was competent at relevant time frames. The appeal will be returned to the Board after this is done.

The Veteran's claims for increased disability evaluations and reopening of service connection were denied. The Board found no new and material evidence to reopen the claim for a neurological disorder with headaches, seizures, and blackouts. The criteria for higher ratings for lumbosacral strain and left lower extremity radiculopathy were not met.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected depressive disorder. The cases of irritable bowel syndrome, depressive disorder, left shoulder disability, and right shoulder disability are remanded for additional examinations.

The Veteran's lumbosacral spine degenerative joint disease has been rated at 20 percent, the highest available rating under VA regulations for this condition.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of his Gulf War exposure history.

The Board has remanded the case for further development, including obtaining medical opinions and additional VA treatment records. The Veteran's spouse is also being considered as a substitute claimant.

The Veteran's appeal was dismissed because he died during the pendency of his appeal.

The Board has determined that the Veteran's current spine disorders did not manifest during service or within a year thereafter, and are not related to any in-service event. As such, service connection for these disabilities is denied.

The Veteran's current obstructive sleep apnea was first diagnosed after his military service, and the Board finds that it is more likely than not related to his active duty service. The evidence supports a finding that he experienced symptoms during or shortly after his deployment in 2003.

The Board denied the Veteran's claims for service connection for narcolepsy, chronic fatigue syndrome, heart disorder, obstructive sleep apnea, hypertension, lumbar spine disorder, and bilateral knee disorders. The evidence did not support a current diagnosis of any of these conditions.