Sleep apnea decisions — 2019

The Veteran's lumbosacral strain and degenerative disc disease are being remanded for further review to determine the cause of his current symptoms and whether they are related to service.

The Board has remanded the Veteran's claims for bilateral hearing loss, psychiatric disorder (including PTSD and anxiety), sleep apnea, and pulmonary disorder due to outstanding records and need for further examination. The TDIU claim is also remanded.

The Board has determined that the grant of service connection for sleep apnea associated with chronic rhinitis with right maxillary antrum sinusitis was not clearly and unmistakably erroneous, and therefore, restoration of service connection is granted.

The Veteran's claim for service connection for dental treatment purposes for traumatic injury of the teeth and oral lesions of the mucosa was denied as he did not meet the criteria for any eligible class.

The Board has remanded all issues on appeal to obtain additional government records, including Social Security disability claim and treatment records.,The reopening of a claim for service connection for low back disability is remanded. The issue of service connection for low back disability is also remanded.

The Board has determined that a new VA examination and opinion are needed to determine if the Veteran's sleep apnea is related to his service, including any exposure to toxic fumes during active duty.

The Veteran's claims for service connection for lumbosacral strain, chronic low back disorder, psoriasis, right knee disability, and right lower extremity disability (including shin splints) have been granted. The appeals are remanded for further development regarding the right knee and right lower extremity disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a causal relationship between his service-connected PTSD and his OSA.

The Veteran's low back condition, left and right lower extremity radiculopathies are granted service connection. A 10% rating is assigned for multiple noncompensable disabilities.

The Veteran's acquired psychiatric disorder, including PTSD and depression, is aggravated by his service-connected physical disabilities. His OSA is also aggravated by his acquired psychiatric condition. The highest schedular rating of 50% for headaches has been granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his TDIU claim.

The Veteran's claims for increased evaluations of his lumbosacral strain residuals, forehead scar, and lower extremity radiculopathy have been remanded due to the need for further evaluation. The TDIU claim is also pending.

The Board has determined that the Veteran's bilateral pes planus, respiratory disability (including sinus disability and disability manifested by shortness of breath), acquired psychiatric disability, sleep apnea, and low back disability were not incurred or aggravated during service. The claims are being remanded to obtain additional medical records and for further examination.

The Board denied the Veteran's claim for service connection as his sleep apnea was not incurred or aggravated by service.

The Veteran's lumbosacral strain with dextroscoliosis is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or associated neurologic abnormalities.

The Veteran's claim for service connection for sleep apnea was denied, and his increased rating claim for lumbar (back) disability was granted with a 20% rating effective October 20, 2017.

The Board has determined that a VA examination is needed to determine the nature and etiology of any sleep apnea, as well as obtaining relevant medical records from SSA.

The Board is unable to make a decision on the service connection claim for lumbar degenerative disc disease due to the need for clarification regarding whether the Veteran's lumbosacral transitional vertebrae is considered a congenital defect or disease. The case is being remanded for an addendum opinion from a VA examiner.

The Veteran's PTSD, major depressive disorder, and alcohol use disorder have been rated at 70 percent. The appeal for higher ratings is denied. The appeals for service connection of hypertension, sleep apnea, and headaches are remanded.

The Veteran's claim for service connection has been reopened, and he is now entitled to increased ratings for his left and right knee patellofemoral syndrome. The appeal regarding the low back disorder, left hip condition, right hip condition, left ankle condition, right ankle condition, impairment of intellectual functioning, acquired psychiatric disorder (including a mood disorder and depression), and individual unemployability has been remanded.