Sleep apnea decisions — 2019

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's sleep apnea disability.

The Board has remanded the claims of service connection for right knee disorder and sleep apnea due to new evidence submitted by the Veteran. The claims are being reviewed again as secondary to pre-existing conditions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his military service or any service-connected disability. The decision also noted that the Veteran did not meet the criteria for presumptive service connection under the Gulf War presumption.

The Board has remanded the claims for service connection for OSA, fibromyalgia, and CFS due to insufficient evidence. The Veteran's sleep disturbances are found not to be a separate disability.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service or a service-connected disability.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected HIV-related illness with chronic dysthymia, resolving all reasonable doubt in favor of the Veteran.

The Board has denied the Veteran's claims of service connection for various elbow, knee, hip, and sleep apnea disabilities due to lack of new and material evidence.

The Board has decided to remand the Veteran's claim for service connection of obstructive sleep apnea due to insufficient evidence and need for a VA examination.

The Veteran's appeal is being remanded due to incomplete service treatment and personnel records, including a lack of complete VA treatment records. The Board will obtain the Veteran’s complete records and schedule him for appropriate VA examinations to determine the nature and etiology of his claimed conditions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current condition is not related to his military service.

The Veteran's appeal for higher ratings for degenerative joint disease of the lumbosacral spine and a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further action.

The Board has determined that the claims for increased rating and TDIU are not complete due to missing VA treatment records and SSA disability benefits decisions. The Veteran is therefore being asked to provide or authorize VA to obtain these records.

The Veteran's claim for a compensable initial disability rating for broken fingers of the left hand was withdrawn and dismissed.,Service connection for obstructive sleep apnea is granted, with onset during active service.,Service connection for a respiratory disability (dry throat and sinus problems) is denied as there is no evidence of such condition during service or otherwise related to service.,Service connection for tension headaches is denied due to lack of chronicity in service.

The claim of service connection for a low back disability, to include as secondary to service-connected disabilities is remanded due to the need for an addendum opinion regarding whether the Veteran's lumbosacral strain was aggravated by his service-connected bilateral knee disabilities.

The Board has dismissed the appeals due to the Veteran's death, as they do not have jurisdiction to adjudicate these claims.

The Board has remanded the Veteran's claims for sleep apnea, left knee disability, and right knee disability due to insufficient evidence regarding their etiology. The Veteran is presumed to have incurred injuries during combat service.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, and a VA examination is needed.

The Veteran's claims for service connection for an acquired psychiatric disorder and initial evaluations for his lumbosacral spine disability are being remanded due to the need for additional records. The claim for increased evaluation of his lumbosacral spine disability is denied as it does not meet the criteria for a higher rating.

The Veteran's lumbosacral strain is rated at 20 percent, but not higher. The right shoulder tendinitis with impingement syndrome and right knee osteoarthritis are both denied ratings higher than the current 10 percent. A separate rating of 10 percent for instability of the right knee from February 11, 2015 is granted. Right hip tendonitis with painful motion and limited flexion does not warrant a rating higher than 10 percent. The Veteran's service-connected disabilities are found to be of such nature and severity as to prevent her from securing or following substantially gainful employment, thus granting TDIU.