Sleep apnea decisions — 2019

The Veteran's lumbosacral strain with degenerative disc disease was granted a rating of 40 percent effective July 17, 2018. A separate 10 percent rating for left knee instability is also granted. The Veteran’s chronic sinusitis does not meet the criteria for a compensable rating.

The Board has remanded the Veteran's claims for an increased rating for depressive disorder, TDIU, and service connection for sleep apnea due to potential new evidence and need for further medical examination.

The Board has remanded the case due to errors in obtaining and considering VA treatment records, as well as inadequate prior examinations. The Veteran's service-connected lumbar spine condition is considered in determining if he requires aid and attendance.

The Veteran's PTSD was granted service connection. The issues of joint pain, IBS and sleep apnea are remanded for further examination and review.

The Board has determined that the Veteran's Obstructive Sleep Apnea is caused by weight gain resulting from his service-connected disabilities, including PTSD, right and left shoulder strains, and a low back disability. After considering all evidence in favor of the Veteran, the decision grants service connection for OSA.

The Board has decided to remand the Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea due to insufficient evidence indicating its onset during active service or being related to an in-service injury, event, or disease. The Veteran will need further examination and opinion.

The Veteran's claims for bilateral knee disorder, right upper and lower extremity nerve disorders, right shoulder disorder, sleep disorder (including sleep apnea), sinusitis, and deviated septum have been reopened. The Board finds that new and material evidence has been submitted to support these claims.

The Veteran's initial rating for sleep apnea with narcolepsy was granted at a 50% level. The service connection claim for computer vision syndrome was denied, and the Veteran's claims for increased ratings of chronic lumbar strain and pes planus were remanded.

The Board has granted service connection for tinnitus based on continuity of symptoms since service. Service connection for obstructive sleep apnea as secondary to PTSD and/or medication is denied.

The Veteran's appeal for an increased disability rating in excess of 20 percent for lumbar spine myofascial strain is denied. The Board finds that the evidence does not show forward flexion limited to at least 60 degrees or favorable ankylosis of the lumbar spine, which are required for a higher rating. The Veteran's appeal for service connection for obstructive sleep apnea (to include as due to service-connected PTSD) is remanded for additional clarification and opinion.

The Board has decided to remand the case due to incomplete service records and outstanding VA treatment records. The Veteran's obstructive sleep apnea may have onset during his active duty, but further examination is needed to determine if it began during a period of active service or is related to an incident of service.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Board has remanded the case due to a duty to assist error and the need for additional medical opinions regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected coronary artery disease.

The Veteran's bilateral hearing loss, tinnitus, and obstructive sleep apnea are all granted as service-connected.,Service connection for arthritis of the hands and knees is denied.

The Board denied service connection for a low back disability, including as due to an undiagnosed illness.,The Board denied service connection for an acquired psychiatric disorder, including as due to an undiagnosed illness.,The Board denied service connection for chronic fatigue syndrome, including as due to an undiagnosed illness or in-service immunizations.,The Board denied service connection for sleep apnea, including as due to an undiagnosed illness or in-service immunizations.,The Board denied service connection for esophageal fungal infection.

The Veteran's request to reopen service connection for several conditions, including GERD, was granted. The right heel spur rating is also increased.

The Veteran's claims for service connection and increased rating have been denied. The Board has remanded several issues, including those related to sleep apnea, shoulder conditions, glaucoma, prostate condition, and acquired psychiatric disorder.

The Board has decided to remand the cases of GERD and sleep apnea for further development, including VA examinations.

The Board has decided to remand the case due to inadequate opinions regarding whether the Veteran's sleep apnea is related to service or aggravated by his service-connected anxiety disorder and insomnia.

The Veteran's service connection claims for low back disorder, left ear hearing loss, tinnitus, right ear hearing loss, sleep apnea, and headaches have been reopened. However, the Board has determined that new and material evidence was not received to reopen these claims.,The Veteran's claim for an effective date earlier than August 29, 2014, for the award of a 50% rating for other specified trauma related disorder with major depressive disorder and history of PTSD is dismissed.