Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and cervical disc disease due to a lack of recent VA examinations, and requests for additional records from the Veteran.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeals for service connection for cough and skin disease disabilities, CFS, sleep apnea, and GERD have been dismissed. The Board found that the Veteran does not currently have a diagnosis of CFS or any other condition related to his military service.

The Veteran's claim for a higher rating for degenerative joint disease of the lumbosacral spine was denied. Separate ratings in excess of 10 percent were granted for peripheral neuropathy of the lower right and left extremities beginning December 17, 2017.

The Veteran's lumbosacral strain disability is rated at 20% from April 9, 2012. The Board has remanded the issues of service connection for radiculopathy and total disability rating due to individual unemployability.

The Board has remanded the case due to insufficient evidence regarding direct service connection for obstructive sleep apnea. A new opinion is needed from a clinician to determine if the condition had its onset during service or is otherwise related to service.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea (OSA) is remanded due to inadequate opinions in previous evaluations.

The Veteran's claims for service connection for sleep apnea and PTSD, as well as his request for an initial rating of 70 percent for PTSD and TDIU were all granted. The left ankle disability claim was remanded.

The Board has remanded the cases due to insufficient medical opinions regarding service connection for stomach and/or abdominal pain, as well as sleep apnea. The Veteran's submucosal antral lesion is considered part of her appeal.

The Board denied a rating higher than 40 percent for the Veteran's lumbosacral strain, finding that the evidence did not support ankylosis or other conditions warranting a higher rating.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and his military service. The Board also found that the Veteran did not serve in Vietnam or any other location where herbicide agents were used.

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

The Board has granted service connection for cutaneous discoid lupus and remanded the cases of chronic lumbosacral strain and PTSD for further development.

The Veteran's claim for service connection for sleep apnea, claimed as secondary to PTSD or ventricular arrhythmias with cardiomyopathy, is remanded due to the submission of new and material evidence. The Board also notes that further examination is needed to determine if his respiratory or pulmonary disease is caused by any aspect of active duty service including exposure to airborne hazards in Southwest Asia.

The Board has reopened the Veteran's claims for service connection for type II diabetes mellitus, bradycardia, and a lung disorder claimed as pneumonitis, dry crackles, chronic respiratory failure, hypoxia, and obstructive sleep apnea. However, more development is needed to determine if the Veteran was exposed to toxic substances during his service at Fort Ord.

The Veteran's OSA is granted as secondary to pain from her service-connected disabilities. The Veteran's depression, migraine headaches, and thoracolumbar strain with IVDS are all found to be proximately due to her service-connected conditions. The Veteran's tinnitus claim is denied. Other claims for increased ratings have been decided in favor of the Veteran.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is no evidence to support a link between his current diagnosis and in-service symptoms.

The Veteran withdrew the appeal to reopen service connection for sleep apnea, so the case is dismissed.

The Veteran's fibromyalgia is granted an initial 20 percent rating, while other conditions remain at their current ratings.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has also remanded several issues for further examination and opinion.