Sleep apnea decisions — 2019

The Board has found that an earlier effective date for the grant of service connection for PTSD is not warranted, and has remanded the issue of entitlement to service connection for Obstructive Sleep Apnea.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and whether his service-connected insomnia caused post-service weight gain and/or obesity, which in turn caused his sleep apnea.

The Board denied the Veteran's claims for service connection for a stress fracture of the right tibia and an initial evaluation in excess of 10 percent for lumbosacral degenerative disc disease and strain. The Board found that there was no current diagnosis of stress fracture, and that the Veteran’s back disability did not meet or approximate the criteria for a higher rating.

The Veteran's disability ratings for his spine condition, radiculopathy, and migraines have been restored to their previous levels.,The Veteran was previously rated at 40%, 20%, and 30% respectively. The reductions were reversed.

The Veteran's retroactive disability compensation payments for sleep apnea were correctly calculated and paid based on his combined disability rating.

The Board found that the Veteran's diagnosed disabilities, including multiple myeloma and diabetes mellitus type II, are not related to an undiagnosed illness or a Gulf War syndrome. The VA examiner concluded that these conditions have known etiologies unrelated to service.

The Board has determined that the Veteran's sleep apnea and hypertension are not related to service or secondary to service-connected conditions, leading to a denial of these claims. The hypertension claim is remanded for further examination.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected PTSD, should be remanded due to inadequate medical opinion.

The Veteran's PTSD with persistent depressive disorder is rated at 70 percent from December 22, 2015 to October 24, 2018. A TDIU is granted from December 22, 2015. The July 2016 denial of service connection for obstructive sleep apnea is remanded due to new and relevant evidence.

The Veteran's claim for service connection for a skin disorder and reopening the claim was granted. The claims for increased rating for right carpal tunnel syndrome, left wrist condition (carpal tunnel syndrome), right foot disability, sleep apnea, and residuals of transient ischemic attack are remanded.

The Board has granted service connection for degenerative joint disease of the lumbosacral spine and discogenic disease at T12-L1, L3-4, and L4-5. The claim of service connection for bilateral lower extremity disability (including sciatic nerve damage) is remanded due to insufficient evidence.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claims for service connection for headaches, dizziness, residuals of a nasal fracture, obstructive sleep apnea, and memory loss. The appeal is granted on these issues. However, the Board has also remanded the Veteran’s claims as there are additional issues that need further development.

The Board has remanded the claims for additional development due to missing service treatment records and incomplete private medical records. The Veteran's service-connected lumbar spine disability may be related to his head injuries, but the STRs do not provide details on these incidents or subsequent treatment. The effective date of a higher evaluation for his lumbar spine disability is also remanded.

Service connection is granted for an acquired psychiatric disability to include depressive disorder.,Service connection is also granted for obstructive sleep apnea as secondary to the service-connected acquired psychiatric disability (depressive disorder).,However, service connection is denied for a back disability due to lack of evidence showing its onset during or within one year after service.

The Veteran's PTSD has resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent.,PTSD is rated at 50 percent under the General Rating Formula for Mental Disorders.

The Veteran's service-connected disabilities, including a lumbosacral spine disability and right knee internal derangement, have rendered him unable to secure or follow substantially gainful employment prior to April 19, 2018.,The Board has determined that the issue of entitlement to a disability rating greater than 40 percent for a lumbosacral spine disability is being remanded due to insufficient medical nexus opinions regarding its etiology.

The Board denied the Veteran's claims for service connection for a lumbosacral spine disability, including as due to a service-connected bilateral knee disability. The evidence did not support the Veteran's assertions that his current lumbosacral spine disability was related to active service or any incident of service, including as due to a service-connected bilateral knee disability.

The Board has remanded the cases of sleep apnea and hypertension for further development due to new evidence and updated studies.

The Board has remanded the case due to a need for clarification of an addendum opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Veteran's service connection claim for sleep apnea is being remanded due to the need for a VA medical opinion regarding the relationship between his in-service burn pit exposure and current sleep apnea.