Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for service connection for diabetes mellitus, increased ratings for lumbosacral strain with degenerative joint disease (DJD) and hypertension, and a TDIU claim due to inadequate examinations and missing personnel records.

The Board has denied the Veteran's claims for service connection for right and left leg joint pain, right and left foot disabilities, sinusitis, allergies, sleep apnea, and vertigo due to a lack of current disability evidence. The claims are being remanded for further development including obtaining missing STRs and VA treatment records.

The Board has remanded the issue of entitlement to service connection for obstructive sleep apnea. Service connection is granted for bilateral hearing loss and tinnitus.

The Board has determined that the Veteran is in need of regular aid and attendance due to his service-connected disabilities, including his mental health conditions and physical impairments.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as anxiety and depression, secondary to the Veteran's service-connected orthopedic disabilities. The appeal is dismissed for all other issues.

The Veteran's sleep apnea is being remanded for further evaluation due to conflicting medical opinions and the need for additional evidence.

The Veteran's claims for initial compensable ratings for right knee strain and lumbosacral strain are being remanded due to the need for additional examinations.

The Veteran's claims for service connection for IBS, sleep apnea, PTSD, adjustment disorder with anxiety, depression, a right lower leg disability, and a lumbar spine disability are being remanded due to the need for further development of evidence.

The Veteran's petition to reopen his claim for service connection for sleep apnea is granted, and the claim is remanded. The claim for service connection for erectile disorder is also remanded.

The Board has remanded the case due to a need for updated VA treatment records and an orthopedic examination of the Veteran's lumbosacral spine disability.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has reopened the claim for service connection for sleep apnea due to new evidence showing a diagnosis of sleep apnea in October 2003. However, the Board found that there is no causal relationship between the Veteran's current sleep apnea and his military service, including any asbestos exposure during active duty or Reserve service.

The appeal seeking service connection for PTSD is dismissed. Service connection for obstructive sleep apnea is granted.

The Veteran's claims for service connection for a left shoulder disability and sleep apnea have been reopened. Service connection has been granted for sleep apnea, but the claim for a left shoulder disability remains pending due to the need for additional examination and analysis. The right ankle disability claim is also pending as it requires further evaluation regarding its relationship to the Veteran's service-connected right knee disability.

The Veteran's sleep apnea was not incurred or aggravated during active service and is not otherwise related to his military service.,Effective dates prior to June 8, 2016 for the grants of service connection for left elbow dislocation with limitation of extension, impairment of supination and pronation, and cubital tunnel syndrome are denied.,The Veteran's PTSD has not resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.

The Board has remanded the cases for further development and examination, as there is insufficient evidence to determine if the Veteran's current conditions are related to his military service.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (claimed as chronic fatigue syndrome) due to inadequate examination and lack of opinion regarding exposure during Gulf War service.

The Veteran's obstructive sleep apnea is found to be attributable to service, and the claim for service connection is granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it is not related to his service-connected low back disability and did not arise during service.

The Veteran's lumbosacral spine degenerative disc disease (DDD) was previously rated at 20 percent prior to November 1, 2011. The Board has remanded the issue for further review.,Right lower extremity radiculopathy was previously rated at 40 percent effective July 14, 2017. The Board has remanded this issue for further review.,Left lower extremity radiculopathy was previously rated at 40 percent effective December 24, 2014. The Board has remanded this issue for further review.