Sleep apnea decisions — 2019

The Board has remanded the case due to incomplete service records and the need for medical opinions regarding the date of initial onset and etiology of the Veteran's obstructive sleep apnea. The AOJ is instructed to obtain all relevant records, including VA treatment records, private treatment records, and personnel files from the National Guard.

The Veteran's lumbosacral strain and left lower extremity radiculopathy were denied higher ratings, while a 10 percent rating was granted for the right lower extremity radiculopathy. The TDIU claim was also denied.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not support a higher rating for either condition.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and chronic fatigue syndrome due to conflicting medical evidence and the need for further examination.

The Board has remanded the case due to an unresolved claim of clear and unmistakable error (CUE) in a previous rating decision, which is necessary before considering the earlier effective date for the lumbosacral spine disability.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss, and therefore service connection for this condition is denied.,The Board also found no evidence to support the Veteran's claim of residuals of frostbite on his left foot. As such, service connection for this issue is also denied.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since March 2010, granting his claim for TDIU.

The Veteran's sleep apnea, acquired psychiatric disorder (persistent depressive disorder), and headache disability are all granted as service-connected.,Diabetes mellitus, type II, hypertension, hernia disability, lower back pinched nerve disability, lumbar spine disability, arthritis, right lower extremity disability (chronic lymphedema), and left lower extremity disability are denied as not being related to service.

The Veteran's acquired psychiatric disorder, sleep apnea, and erectile dysfunction are all granted. However, the rating for hypertension is remanded as it may be related to prostate cancer.,An examination is needed to determine if the Veteran’s hypertension is caused by or aggravated by his service-connected prostate cancer.

The Veteran's appeal for a higher rating on his left ankle disability is dismissed. The Board also granted entitlement to TDIU and temporary total ratings based on convalescence following surgery.

The Veteran's claim for service connection for left leg radiculopathy is granted. The Board finds that the evidence supports a finding of current disability and links it to his service-connected low back disability, resolving all reasonable doubt in favor of the Veteran.

The Board denied service connection for degenerative disc disease, lumbosacral spine, bilateral hearing loss, tinnitus, and asthma. The Veteran's back disability was not linked to his time in service or pre-existed it. His hearing loss and tinnitus were not related to military noise exposure. The Board found that the Veteran's asthma existed prior to service and did not worsen during service.,The decision denied all claims as there was no evidence linking any of the conditions to service.

The Board has decided to remand the Veteran's claim for service connection of sleep apnea due to inadequate examination and failure to address causation and aggravation in the original opinion.

The Veteran's initial claim for an initial compensable rating for bilateral hearing loss has been denied. The Board also found that the Veteran's service connection claim for sleep apnea requires a remand due to inadequate opinion regarding secondary service connection.

The Board has remanded the claims of service connection for PTSD, obstructive sleep apnea, hypertension, and erectile dysfunction due to the need for additional evidence and a VA examination.

The Board has remanded the Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder due to concerns raised by a Joint Motion for Partial Remand (JMPR) from the Court of Appeals for Veterans Claims. The issues must be addressed again with additional medical opinions considering the Veteran's lay statements and testimony.

The Veteran's claim for service connection for obstructive sleep apnea was denied as the condition is not shown to be caused or aggravated by a service-connected disability. The Veteran's hearing loss and tinnitus claims were both denied due to lack of evidence meeting VA compensation criteria.,Service connection for sialoadenitis (partial parotidectomy) was granted, but the Veteran did not receive a compensable rating as his condition is currently noncompensably disabling.

The Board has remanded the Veteran's claims for service connection due to inadequate and invalid examination results, potential noise exposure based on his MOS, and lack of private treatment records.

The Board has remanded the case due to questions about whether the Veteran currently has a diagnosis of sleep apnea or any other sleep disorder, and if so, whether it is related to service. A new VA examination is needed to determine these issues.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it, finding that new evidence supports a relationship between his current condition and military service. The claim was not based on herbicide exposure.