Sleep apnea decisions — 2019

The Board has remanded the claims for an initial rating higher than 50 percent for adjustment disorder with depressed mood, an initial rating higher than 20 percent for lumbosacral strain, and an initial rating higher than 10 percent for residual neuropathy status/post left axillary mass aspiration. The effective dates of service connection are also remanded due to unadjudicated assertions of clear and unmistakable error (CUE).

The Board has granted service connection for a low back disability, diagnosed as lumbosacral strain and facet joint arthropathy, finding that the Veteran's current condition is at least as likely as not incurred in service.

The Board denied service connection for various conditions, including anemia, arthritis or other disability of the lumbar spine, sleep apnea, and malignant melanoma. Service connection was reopened on new evidence for a kidney disability.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current condition had its inception during active duty.

The Board has dismissed the Veteran's appeals for service connection of a salivary gland condition, genitourinary condition (including benign prostatic hypertrophy), and pneumonia. Service connection was granted for hypothyroidism, gastroesophageal reflux disease (GERD), septoplasty, uvulopalatoplasty and turbinate cauterization, and obstructive sleep apnea as secondary to service-connected vitiligo.

The Veteran's obstructive sleep apnea is found to have had its onset during active service and the Board grants service connection for this condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no linkage between his current condition and his period of service or a service-connected disability. The most likely cause of his obstructive sleep apnea was his body mass index (BMI) of 38.

The Veteran's appeals for various conditions and ratings have been remanded due to the need for additional medical examinations and opinions. The claims are pending until further action is taken.

The Veteran's claim for a rating in excess of 10 percent for residuals of left upper back soft tissue spindle cell sarcoma is remanded.,The Veteran's claim for TDIU is also remanded as it is inextricably intertwined with the soft tissue spindle cell sarcoma claim.

The Veteran's request to reopen claims for lumbar spine disability and obstructive sleep apnea was granted. However, the claims of service connection for lung scarring, including pulmonary fibrosis and bronchiectasis, were denied.

The Veteran's initial disability rating for migraine headaches prior to October 23, 2018 was granted at a 30 percent level. The issue of an evaluation in excess of 10 percent for lumbosacral strain is remanded.

The Board has remanded the Veteran's claims of service connection for liver disability and sleep apnea due to VA examinations not being conducted as per the previous directives.,For the liver disability, the examination confirmed a diagnosis but provided a negative nexus opinion regarding herbicide exposure or other aspects of military service.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and need for additional evidence.

The Veteran's major depressive disorder associated with recurrent lumbosacral strain is being remanded for a new VA examination to assess the current severity of his service-connected conditions.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another for the period prior to October 14, 2019. The Board finds that his need for regular aid and attendance is established based on his difficulty with dressing, hygiene needs, attending to wants of nature, and physical or mental incapacity.

The appeal of service connection for sleep apnea is dismissed. The appeals for right wrist injury, neck injury, left hip injury, right ankle injury, and left ankle injury are remanded.

The Board has remanded the case for additional development, including obtaining an opinion from a sleep medicine physician regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected GERD and/or esophageal cancer. The VA examiner also needs to assess the current severity of the Veteran's service-connected gastroesophageal reflux disease (GERD) and esophageal cancer.

The Veteran's claims for service connection related to headaches, sleep apnea, left shoulder disability, and respiratory issues have been reopened. The appeals are granted in part.

The Board has denied service connection for COPD and granted an initial 20 percent rating for erectile dysfunction. The case is remanded for a VA examination to determine the etiology of sleep apnea.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to his military service.