Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for obstructive sleep apnea and renal cell carcinoma due to insufficient evidence. The Veteran is required to undergo VA examinations to determine the nature and etiology of his conditions, as well as their relationship to service.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his service. The claim will be reviewed again after obtaining additional medical records and scheduling a VA examination.

The Board has remanded the Veteran's claims for service connection and initial ratings due to incomplete development, including a need for additional VA examinations.

The Board has remanded the claims of service connection for various disabilities, including low back disability, left hip disability, right hip disability, right hand disability, neck disability, left knee disability, right knee disability, bilateral pes planus, erectile dysfunction, sleep-related disability (presumed to be sleep apnea), acquired psychiatric disability, heart disability, residuals of a stroke, hypertension, hiatal hernia, and gastrointestinal disability. The remand requires additional development including obtaining federal records from the Social Security Administration, scheduling an examination for the low back disability, and determining the nature and etiology of hearing loss and tinnitus.

The Board has reopened the Veteran's previously denied claim of service connection for sleep apnea and granted it, finding that new evidence supports a direct link between the Veteran's in-service period and his current diagnosis.

The Board dismissed the Veteran's appeals for an initial rating higher than 20 percent for diabetes mellitus, type II and for an earlier effective date for service connection of that condition. The appeal regarding sleep apnea was also dismissed as there is no evidence to support its secondary relationship to service-connected diabetes.

The Board has dismissed the claims for CUE regarding peripheral neuropathy ratings and remanded other service connection issues. The Veteran's claim of increased rating for peripheral neuropathy is also remanded.

The Veteran's PTSD is rated at 50%, migraine headaches are rated at 50%, and lumbosacral DDD, right knee cyst removal, right ear tinnitus, and right ear hearing loss are all rated at 10%. The combined rating for these conditions results in an 80% disability rating. The Veteran's appeal is denied as his PTSD does not warrant a higher than 50% rating.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's service-connected lung disorder aggravates his obstructive sleep apnea.

The Board has granted service connection for PTSD and remanded the issues of sleep apnea syndromes and prostate cancer due to in-service exposure.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's sleep apnea, including whether it is related to service or a service-connected disability.

The Board has dismissed all issues on appeal as the Appellant withdrew her appeals prior to a decision being made by the Board.

The Board has remanded two issues: service connection for bilateral hearing loss and a rating in excess of 20 percent for degenerative joint and disc disease of the lumbosacral spine. The Veteran needs to provide results from an audiological evaluation, and he also needs an updated examination to determine if he has left lower extremity radiculopathy associated with his service-connected condition.

The Board denied the Veteran's claims of service connection for various conditions, including cerebrovascular accident, left hip condition, right hip condition, lumbosacral spine condition, left ankle condition, right ankle condition, coronary artery disease (CAD), and hypertension. The decision also remanded several issues related to knee conditions.

The Board denied service connection for obstructive sleep apnea as there is no evidence linking the condition to service, including any in-service complaints or events.

The Veteran's appeal for an increased rating for lumbar spine disability was denied. The Board found that the Veteran did not meet the criteria for a higher evaluation and remanded the claim of TDIU prior to November 18, 2016.

The Board has granted service connection for osteoarthritis of the lumbosacral spine, finding that it is at least as likely as not related to service.

The Veteran's claims for service connection for obstructive sleep apnea and a compensable rating for status post fracture of mandible were denied. The claim for obstructive sleep apnea was not reopened due to lack of new and material evidence, while the claim for the mandible condition remains denied.

The Board has remanded multiple claims, including service connection for sleep apnea, hypertension, acid reflux with hiatal hernia, acquired psychiatric disorder (claimed as PTSD), and left shoulder disorder. The remand also includes obtaining VA medical opinions regarding the relationship between these conditions and the Veteran's service-connected disabilities.

The Veteran's claim of service connection for tinnitus is granted. The issue of a rating in excess of 10 percent for lumbosacral strain is remanded.