Sleep apnea decisions — 2019

The Board denied service connection for sleep apnea, finding no evidence of a current disability during or after service and insufficient medical opinion to establish a link between the condition and service-connected PTSD.

The Veteran's claims for increased ratings for hypertension, service connection for gout, bilateral hearing loss, and sleep apnea are being remanded due to the need for additional development of evidence.

The Veteran's service-connected conditions, including ischemic heart disease, COPD with pulmonary hypertension, and other disabilities, resulted in significant need for regular aid and attendance. However, the criteria for SMC in excess of 38 U.S.C. § 1114(l) were not met.

The Board denied service connection for right diaphragm paralysis and remanded the issues of increased rating for lumbosacral strain with arthritis of the thoracolumbar spine and entitlement to TDIU.

The Board has reopened the Veteran's claims for service connection for a thoracolumbosacral spine condition and a bilateral hip and leg condition (claimed as bilateral knee condition) associated with bilateral pes planus. The appeal is granted.

The Board has remanded the claims for service connection for obstructive sleep apnea, post-traumatic stress disorder (PTSD), and outpatient dental treatment due to a lack of consideration of relevant STRs in prior decisions. Additionally, the VA OIG investigation into possible fraud allegations is needed.

The claim for service connection for obstructive sleep apnea is being remanded due to the need for additional medical examination and opinion.

The Veteran's appeal is remanded for additional examinations and opinions regarding his right shoulder, left knee, right knee, and sleep apnea disabilities.

The Veteran's obstructive sleep apnea is remanded for further examination and determination of its relationship to his active service.

The Veteran's service connection claim for obstructive sleep apnea is granted, and he is awarded a disability rating of 30%. The effective date for additional dependency benefits for his child L.M.R. is denied as a matter of law.

The Board has determined that the previous remand directives were not substantially complied with and another remand is necessary to ensure proper development of the TDIU claim, including scheduling a VA examination.

The Veteran's lumbosacral strain is rated at 40 percent, but the Board finds there is no evidence of unfavorable ankylosis. The cervical spine condition and hearing loss issues are remanded for further development.

The Veteran's claims for service connection for sleep apnea and asthma, as well as his request for a higher rating for bilateral hearing loss, were denied. The Board found that the evidence did not support granting these claims or increasing the disability rating.

Service connection for ankylosing spondylitis of the thoracolumbar spine is granted. Service connection for sleep apnea, to include as secondary to ankylosing spondylitis of the thoracolumbar spine, is remanded.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of records. The issues include respiratory disabilities, sleep disorders, and an acquired psychiatric disorder.

The Board has remanded the case due to conflicting opinions on whether the Veteran's obstructive sleep apnea is related to his service. The examiner will need to assess if obesity, a result of service-connected conditions, contributed to the development of OSA and if it worsened the condition.

The Board has remanded the Veteran's claims for service connection for hypertension, sleep apnea, and a heart disorder due to exposure to toxic herbicides. Additional records need to be obtained, including service treatment records and private medical records. A VA examination is required to determine the etiology of any diagnosed heart disorders.

The Veteran's claim for a restoration of a 50 percent rating for lumbosacral spine osteoarthritis is granted.,The Veteran's claims for service connection for bilateral upper extremity condition with pain, weakness, numbness, and tingling, as well as for bilateral lower extremity condition with pain, weakness, numbness, and tingling are denied.

The Board denied the Veteran's claims for service connection and rating assignments for various conditions, including gout, a skin condition, left foot osteoarthritis, scars from surgery, hallux valgus, migraine headaches, and sleep apnea. The appeals were either not about service connection or did not meet the criteria for a compensable rating.

The Veteran's claim for service connection for an acquired psychiatric disorder including adjustment disorder with anxiety and PTSD is granted. The claim for service connection for sleep apnea as secondary to service-connected disabilities is denied.