Sleep apnea decisions — 2019

The Veteran's hypertension and lumbosacral strain claims are being remanded for additional development, including a new VA examination for her lumbosacral strain.

The Veteran's tinnitus is granted service connection. The low back disability, diagnosed as degenerative joint disease of the lumbosacral spine, is denied due to lack of continuity of symptomatology after service and no medical evidence linking it to service. The neck, left knee, and left ankle disabilities are remanded for further examination.

The Veteran's service connection claim for sleep apnea is being remanded due to the need for a medical opinion regarding his exposure at Camp Lejeune and its potential link to his current condition.

The Board has remanded the Veteran's claims for further development due to inadequate VA examinations and incomplete opinions.

The Veteran's claim for service connection for sleep apnea was granted effective April 18, 2013. The effective date cannot be earlier than the date of receipt of his initial claim.

The Board has determined that the Veteran's claims for service connection and disability ratings are not fully informed due to insufficient medical opinions regarding the etiology of his conditions. The cases are REMANDED for further examination and opinion.

The Veteran withdrew his appeal for a higher rating for his service-connected low back disability, resulting in the dismissal of this case.

The Board has remanded the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea and for an effective date earlier than September 28, 2016, for the grant of service connection for obstructive sleep apnea.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea, finding that it was incurred during active service. The decision also reopened the claim and granted service connection.

The Board has decided to remand the case due to inadequate VA examination and need for additional medical opinion regarding service connection for sleep apnea, including whether it is secondary to PTSD with alcohol dependence.

The Veteran's obstructive sleep apnea is being remanded for further examination and opinion as the Board finds that a nexus to service, including exposure to environmental toxins while stationed in Saudi Arabia, should be addressed.

The Veteran's claim for service connection for bilateral hearing loss, tinnitus, depression, headaches, sleep apnea, and GERD has been granted. The claims for hypertension have not met the criteria.

Service connection is granted for depression, but the issue of service connection for sleep apnea is remanded.

The Board has decided that the earlier effective date for TDIU should be changed to January 10, 2015 and a new VA examination is required for sleep apnea.

The Board has decided to remand the Veteran's claims for service connection for a fatty liver and sleep apnea as secondary to a fatty liver due to additional delay, factual clarification, and need for further examination.

The Veteran's claim for service connection for bilateral tinnitus is granted. The effective date for a 100 percent evaluation for PTSD is granted from July 12, 2016. The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran's lumbosacral spine disability was granted a 20% evaluation effective February 24, 2015. A separate 10% rating for right knee meniscal tear surgery and ACL reconstruction is also granted. The Veteran's right knee limitation of extension remains at a maximum 30% since January 31, 2017.

The Veteran's claim for service connection for sleep apnea, including as secondary to and/or aggravated by a service-connected disability (specifically PTSD) and Gulf War exposure, is denied. The Board found that the evidence does not support a relationship between the Veteran's current sleep apnea and his active duty service.

The Board denied the Veteran's attempts to reopen his service connection claims for lumbosacral spine and right knee disabilities, finding that new and material evidence had not been received.

The Veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for rhinitis are both granted. The decision also notes that the Veteran has a nasal polyp associated with his rhinitis, but this does not warrant a higher rating as there is no evidence of rhinoscleroma.