Sleep apnea decisions — 2019

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran currently has sleep apnea that manifested in service or is otherwise causally related to his military service.

The Board denied service connection for a back disorder and stayed adjudication of the lung disorder claim due to VA's stay on cases affected by the Blue Water Navy Vietnam Veterans Act of 2019.

The Board has remanded the case due to inadequate examination findings regarding the Veteran's lumbar spine disability, specifically lack of estimates for range of motion during flare-ups.

The Board has remanded the Veteran's claims for an increased rating for his degenerative arthritis of the lumbosacral spine and for a TDIU due to service-connected disabilities. Additional development is needed, including obtaining updated VA treatment records, scheduling the Veteran for a VA examination, and providing him with a formal TDIU Application form.

The Veteran's claims for service connection for major depressive disorder, sleep apnea, and cholecystectomy scar (gallbladder removal) have been denied.,There is no effective date prior to April 22, 2015 assigned for these grants of service connection.

The Veteran's sleep apnea is found to be related to his active duty service, and the claim for service connection is granted.

The Board has denied the Veteran's claim for service connection of sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the Veteran's claims of service connection for sleep apnea and hypertension due to insufficient opinions regarding direct service connection, exposure to herbicide agents, and secondary service-connected conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service, specifically his deployment in Southeast Asia where he was exposed to burn pits and vehicle fumes. The examiner needs to provide an opinion on this issue.

The Board has determined that the September 12, 2002 rating decision denying service connection for obstructive sleep apnea was based on clear and unmistakable error. As a result, the decision is revised to grant service connection for obstructive sleep apnea effective January 1, 2003.

The Board denied the Veteran's claim for service connection for sleep apnea, finding no evidence of in-service symptoms or a link to active service.

The Board has remanded the Veteran's claims for service connection for non-Hodgkin's lymphoma and sleep apnea due to exposure to burn pits. The VA will conduct examinations and gather additional evidence to determine if these conditions are related to his military service.

The Veteran's claim for a compensable rating for a perforated left eardrum is dismissed. The petition to reopen the previously denied claim of service connection for a bilateral hearing loss disability is denied. The Board has remanded the issue of service connection for a skin disability, including psoriasis and rosacea of the face and elbows.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board grants a TDIU rating.

The Veteran's claim for an acquired psychiatric disorder, including PTSD, GAD, SAD, and ADD is remanded due to the need for a VA examination. The Veteran's lumbosacral strain is also remanded as there is insufficient evidence on whether it was caused by or aggravated by his service-connected right knee disability.

The Board has decided to remand the case due to insufficient explanation in a previous VA examination report, and needs further evaluation of the Veteran's sleep apnea.

The Veteran's service-connected obstructive sleep apnea is granted. For the period from September 30, 2010 to February 8, 2016, his headaches are rated at 30 percent. Beginning February 9, 2017, he is entitled to a higher rating for his headaches.

The Board has granted service connection for obstructive sleep apnea and remanded other issues due to the need for additional medical examinations.

The Veteran's initial 10 percent rating for right hand finger laceration, residual scar is granted. Service connection for bilateral hearing loss is denied. The remaining service connection claims are remanded for further development.

The Board has denied the Veteran's claims for service connection for a gastrointestinal condition and sleep apnea, finding that there is no current diagnosis of these conditions at any point during or just prior to the appeal period.