Sleep apnea decisions — 2019

The Veteran's claims for an earlier effective date for service connection for obstructive sleep apnea and major depressive disorder with anxious distress as secondary to service-connected posterior fossa meningioma resection are denied.,The Board has also remanded the claim of service connection for stroke, as it is unclear whether a current diagnosis of stroke exists during the appeal period.

The Board has decided that the Veteran's claim for service connection of obstructive sleep apnea, to include as secondary to his service-connected PTSD, should be remanded due to a lack of medical evidence and need for an examination.

The Veteran's service-connected lumbosacral strain disability is being remanded for a new VA examination to assess the current severity of his condition, as he testified that it has worsened since the last examination in July 2016.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his military service, as well as its relation to his service-connected PTSD.

The Veteran's right and left lower extremity radiculopathies (sciatic) associated with lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome have been rated at 20 percent each. The Board denied an increased rating for these conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to his service. The Veteran will need a VA examination and additional treatment records will be obtained.

The Board has determined that the Veteran's sleep apnea is as likely as not caused by his service-connected psychiatric disorder, and thus grants service connection for this condition.

The Veteran's right lower extremity sciatica is granted an initial 40 percent evaluation, but no higher. The lumbosacral strain with osteoarthritis, thoracic spine remains rated at 20 percent.

The Veteran's claim for a 10 percent evaluation for bilateral lower extremity radiculopathy from May 13, 2010 to August 21, 2017 was granted.,The Veteran's claims for evaluations in excess of 20 percent for service-connected lumbosacral strain prior to and after August 22, 2017 were denied.

The Board has granted service connection for lumbar spine disabilities, left achilles tendonitis, bilateral foot disabilities, sleep apnea, and GERD as secondary to the Veteran's service-connected knee disabilities.

The Veteran's claims for service connection have been reopened and are now pending. The Board has found new and material evidence to support the reopening of these claims.,The Veteran is granted TDIU based on his service-connected PTSD.

The Veteran's service-connected lumbosacral strain, left hip strain, and psychiatric disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience from September 28, 2017. The TDIU is granted.

The Board has denied the Veteran's claims of service connection for sleep apnea, renal failure, and migraine headaches. The evidence did not establish an in-service event or a nexus to service.

The Veteran's claims for service connection for loss of sense of taste and a sleep disorder, to include sleep apnea, are being remanded due to inadequate medical opinions. A new VA examination is needed to determine the etiology of these conditions.

The Veteran's TDIU claim is denied prior to August 3, 2016 and remanded for further evaluation of his TDIU claim from August 3, 2016 to August 16, 2018.

The Board has remanded the Veteran's claims for service connection for sleep apnea and bilateral wrist disability (including carpal tunnel syndrome) due to insufficient evidence, including a lack of current medical records.

The Board has remanded the cases for additional development and medical opinions to address whether the Veteran's lung cancer is related to his service-connected COPD or environmental exposure.

The Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is related to his service in Vietnam. The Board finds that the probative evidence of record is at least in equipoise on the factors of service incurrence and nexus, and grants service connection for this condition.

The Veteran's service connection claim for obstructive sleep apnea is denied as it did not manifest during or due to active military service and is not related to his service-connected PTSD and/or medications prescribed therefor.,The Veteran's hypertension does not meet the criteria for an initial compensable disability rating under DC 7101, as blood pressure readings have been predominantly below the thresholds required for a 10% rating.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD with MDD is granted. The application to reopen the claim for service connection for tinnitus is denied. The claims of entitlement to an initial rating in excess of 50 percent for PTSD with MDD and total disability based on individual unemployability (TDIU) are remanded.