Sleep apnea decisions — 2019

The Veteran's service connection claim for sleep apnea is being remanded as the examiner did not address whether his bilateral knee disabilities caused or aggravated his sleep apnea.

The Veteran's low back disability is rated at 40 percent, but not higher, effective from February 23, 2012.

The Veteran's lumbosacral strain has been granted a 40 percent rating, effective from the date of this decision.

The Board denied service connection for a lumbar spine disability and tinnitus, but granted a higher rating of 70 percent for PTSD effective from August 30, 2017. The appeal regarding sleep apnea was denied.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there was no evidence linking the sleep apnea directly to his service or to any other condition.

The Board has remanded the claims of service connection for hepatitis C, hemorrhoids, hearing loss, flat feet, asthma, sleep apnea, and acid reflux due to outstanding VA treatment records being needed.

The Board has remanded the cases for additional development and evaluation, including obtaining medical opinions regarding the relationship between the Veteran's conditions and presumed exposure to herbicide agents.

The Board has determined that the Veteran is not entitled to a TDIU prior to March 1, 2013 due to his voluntary retirement and inconsistent employment history.

The Board has remanded the case due to insufficient opinions from a VA examiner regarding the etiology of the Veteran's sleep apnea, including whether it is related to service-connected conditions or obesity. The examiner must address multiple theories and provide specific opinions on each.

The Veteran's claim for service connection and increased rating of his lumbosacral spine disability, as well as bilateral lower extremity radiculopathy, is being remanded. The TDIU claim is also being remanded.

The Board dismissed the appeals for fibromyalgia, rheumatoid arthritis, and obstructive sleep apnea as the Veteran withdrew his appeal.

The Veteran's initial noncompensable (0 percent) disability rating for obstructive sleep apnea was increased to a 50 percent rating, effective August 2011. The Veteran is currently rated at 50 percent for the entire initial rating period due to his use of a CPAP machine.

The Board has remanded the case due to the need for a VA medical opinion regarding whether the Veteran's sleep apnea is proximately due to or aggravated by service-connected PTSD.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbosacral spine disability is related to his service, specifically a June 1967 injury. The VA needs to verify the Veteran's ACDUTRA/INACDUTRA status and obtain all relevant medical records.

The Veteran's claim of entitlement to service connection for hypertension was denied, and the Board found that an effective date prior to November 1, 2016 is not warranted.,Some of the Veteran’s claims were remanded due to insufficient evidence or need for additional examinations.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is directly related to service or caused by his service-connected psychiatric disability.

PTSD and MDD are currently rated at 70 percent, but the Veteran seeks a higher rating.,Obstructive sleep apnea is currently rated at 50 percent, with no evidence of respiratory failure or tracheostomy.

The Board has remanded the claim of entitlement to service connection for obstructive sleep apnea (OSA) as secondary to service-connected traumatic brain injury (TBI). The March 2019 email opinion is inadequate and further development is needed.

The Veteran withdrew his appeal for a higher rating of 20 percent or more for his service-connected lumbosacral spine degenerative disc and joint disease.

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