Sleep apnea decisions — 2019

The Board has remanded the cases due to new evidence being added to the claims file, and the Veteran did not waive initial consideration of this evidence by the AOJ.

The Veteran's claims for service connection for bilateral hearing loss, OSA, and CVA were denied. The effective date of the grant of service connection for PTSD was dismissed as a timely Notice of Disagreement (NOD) was not filed.

The Board has denied service connection for PTSD due to the lack of a current diagnosis. The claim for service connection for sleep disorders, including obstructive sleep apnea and insomnia disorder, is remanded as there are insufficient opinions regarding their etiology.

The Veteran's tinnitus and left shoulder disabilities have not been service-connected.,Service connection for the spine, knee, hip, and depression conditions has also not been established. The effective dates of these determinations are being remanded.

The Veteran's claim for service connection for sleep apnea was reopened and granted.,The reduction in the disability rating from 20 percent to 10 percent for the Veteran’s service-connected left knee partial meniscectomy is granted, effective February 1, 2010. However, the propriety of this reduction remains under review as a separate issue.,Ratings in excess of 10 percent are denied for the Veteran's service-connected left knee DJD, right knee residuals of partial anterior cruciate ligament deficiency and meniscus tear, and right knee DJD.

The Board denied service connection for OSA, tachycardia, an acquired psychiatric disorder (including PTSD), residuals of a shrapnel wound to the head, and a right knee disability. The evidence did not support a finding that these conditions began during active service or were otherwise related to in-service injuries or diseases.,The Board found no indication of any current disabilities for OSA, tachycardia, an acquired psychiatric disorder (including PTSD), residuals of a shrapnel wound to the head, and a right knee disability. The Veteran's statements regarding these conditions were not credible.

The Veteran's service-connected obstructive sleep apnea with hypersomnia is currently rated at 50 percent and the Board finds that it does not meet the criteria for a higher rating due to lack of chronic respiratory failure or cor pulmonale.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD.,Ischemic heart disease and peripheral neuropathy of the upper and lower extremities are denied due to lack of current diagnoses.,PTSD is granted with an initial rating of 50 percent, but no higher.

The Board has decided to remand the case due to insufficient medical evidence on whether sleep apnea is related to service.

The Board has decided to remand the case for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected anxiety disorder and fibromyalgia.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's sleep apnea. The claim will be reconsidered with a new examination and opinion.

The reduction of the rating for lumbosacral strain with degenerative changes from 20 to 10 percent, effective May 9, 2016, was not proper; the 20 percent rating is restored. The increased rating in excess of 20 percent for a low back disability is remanded.

The Board has decided to remand the case due to incomplete records and the need for additional medical opinions regarding the Veteran's sleep apnea and other sleep disabilities.

The Board has denied service connection for GERD and remanded the issue of sleep apnea due to insufficient evidence.

The Board denied service connection for both sleep apnea and diabetes, finding that there was no evidence linking these conditions to the Veteran's military service.

The Board denied service connection for both sleep apnea and diabetes, finding that there was no evidence linking these conditions to the Veteran's military service.

The Veteran's right knee disability is rated at 10% for arthritis and a separate 10% rating for the residuals of meniscectomy. The lumbosacral strain with degenerative disease was granted a 20% rating prior to June 12, 2017, but denied any higher rating after that date.,The Veteran's TDIU claim for the period before January 28, 2011 is also remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service in Southwest Asia. Additional development, including a VA examination and review of medical records, is needed.

The Board has granted service connection for osteopenia and rheumatoid arthritis of the left hand, right hand with osteoarthritis of the thumb, and lumbosacral strain. The decision is subject to the provisions governing the award of monetary benefits.

The Board has decided to remand the Veteran's claims for service connection for degenerative joint disease of the left hip and sleep apnea due to potential issues with causation and lack of definitive medical evidence. The claims are being returned for further development.