Sleep apnea decisions — 2019

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for left shoulder, back, right ankle, and sleep disorder (to include sleep apnea) service connection. The claims are being remanded for further development.

The Board dismissed the claim of service connection for an achilles tendon disability. The Veteran's sleep apnea was granted as service connected.

The Board denied the Veteran's claims of service connection for sleep apnea, low back condition, and left knee condition due to a lack of evidence linking these conditions to his active duty service.

The appeal to reopen a claim for service connection for esophageal cancer is granted. The claims of entitlement to service connection for esophageal cancer and sleep apnea as secondary to PTSD are remanded.

The Board has remanded the claims for service connection for lumbosacral strain with degenerative disc disease, right hip disability, bilateral knee disabilities, and right shoulder disability due to unclear periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Board has decided that a remand is necessary for the Veteran's sleep apnea claim due to insufficient evidence regarding its relationship to service. The Veteran will need to provide any relevant medical records and undergo an examination to determine if he has a current diagnosis of sleep apnea and whether it is related to his military service.

The Veteran's appeal is remanded for the issues of increased ratings for his service-connected left shoulder disability, left ankle degenerative joint disease, and effective date prior to September 23, 2014.,The reduction of benefits for service-connected lumbosacral spondylosis from 40 percent to 10 percent disabling effective April 1, 2015 is found to be improper and void ab initio.

The Board has decided to remand the case due to the need for a VA examination and additional medical records, as well as to determine if there is any link between the Veteran's sleep apnea and his service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis for the period prior to July 22, 2014.

The Board has remanded the cases for further development and opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD and/or IHD, and whether any dental disability is related to his service or service-connected PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities, including hypertension and unspecified trauma and stressor-related disorder. The decision grants service connection for this condition.

The Board has remanded the case due to issues related to attorney fees and a TDIU award, including reviewing the May 2019 VA Form 9 submitted by the Veteran's attorney.

The Board has remanded the Veteran's claims for an initial disability rating for migraine headaches and related issues, as well as his TDIU claim. The Veteran needs to be provided with a VA examination to assess the severity of his migraine/tension headaches.

The Veteran's service connection claim for sleep apnea is remanded due to the need for a VA examination and review of his medical records.

The Board has granted service connection for sleep apnea and a bilateral foot disability to include pes planus with chronic bilateral foot pain, finding that the evidence supports these claims based on in-service onset and aggravation of the conditions.

The Board has not fully addressed the Veteran's claim for an increased rating for her service-connected lumbar spine disability, and additional development is required as there has been substantial non-compliance with previous remand directives.

The Board has granted reopening of the previously denied claims for service connection for tinnitus and a lumbar spine disorder. Service connection is also granted for tinnitus, but denied for heart disorder, headache disorder, residuals of head injury, right leg disorder (excluding sciatica), obstructive sleep apnea, and acquired psychiatric disorder.

The Veteran's claim for service connection for hearing loss, tinnitus, sleep apnea, and headaches has been reopened due to the submission of new evidence. The claims are granted in part as they have been reopened, but denied as there is no evidence linking these conditions to service.

The Board has remanded the Veteran's claims for service connection for sleep apnea and hypertension as secondary to his service-connected PTSD due to insufficient medical opinions regarding causation or aggravation.

The Veteran's right ankle disorder was rated at 10 percent prior to February 12, 2015 and increased to 20 percent from May 1, 2015. The lumbosacral strain was initially rated at 20 percent prior to September 20, 2018 and increased to 40 percent thereafter.,The Veteran's appeal for higher ratings for his right ankle disorder and lumbosacral strain has been denied.