Sleep apnea decisions — 2019

The Board has remanded the issue of service connection for sleep apnea secondary to anxiety disorder due to conflicting medical opinions regarding its etiology.

The Board has restored service connection for sleep apnea and denied service connection for bilateral hearing loss, tinnitus, and chronic fatigue syndrome. The decision on the issues of service connection is granted.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a direct or secondary relationship between his current condition and his military service.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current diagnosis and credible statements regarding continuity of symptoms after service are sufficient to establish a link between his in-service injury and his current condition.

The Board has remanded the Veteran's claims of service connection for hypertension, cervical spine disability, and sleep apnea due to insufficient evidence. The Veteran is not entitled to service connection for these conditions as there is no medical evidence showing they were incurred or aggravated in service.

The Board has remanded the cases of obstructive sleep apnea and squamous cell carcinoma for further development and readjudication. The Veteran's claims are pending before the AOJ.

The Board has granted service connection for left knee patellofemoral syndrome, rosacea, and headaches. Service connection is denied for shortness of breath.

The Veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's back disorder, including degenerative disc disease and lumbosacral strain, is rated at 60 percent effective June 30, 2009. The Veteran also received a TDIU rating effective June 30, 2009.

The Veteran's PTSD symptoms have resulted in significant occupational and social impairment, warranting a 70% rating for the initial period from May 20, 1993 to March 6, 2017.

The appeal for service connection of sleep apnea is dismissed due to the death of both the Veteran and his surviving spouse.

The Board has remanded the claims for low back disability, sleep apnea, and hypertension due to inadequate VA examinations. The Veteran is required to undergo new VA examinations to address the issues of service connection.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service. The Veteran will need to undergo a VA examination to determine if his symptoms in service are linked to his current condition.

The Board has remanded the claims due to insufficient medical opinions regarding the Veteran's conditions and their relationship to service. The Veteran is not entitled to service connection for sleep apnea, back disability, bilateral foot fungus, or toenail fungus.

The Veteran's osteoarthritis of the lumbosacral spine, right total knee replacement, left total hip replacement, gastroesophageal reflux disease (GERD), peripheral neuropathy of the bilateral upper and lower extremities, PTSD, and TDIU are all granted.,The Veteran's service-connected disabilities have been found to be sufficiently severe to produce unemployability.

The Veteran's claims for higher disability ratings for lumbosacral strain and ulcerative colitis have been remanded due to the need to determine whether other gastrointestinal disorders are part of his service-connected ulcerative colitis.

The Board has remanded the case for a new VA examination to determine if the Veteran's obstructive sleep apnea is related to service or pre-service symptoms, and whether it is caused by any service-connected disabilities.

The claim for service connection for sleep apnea is reopened due to the submission of new and material evidence, but it remains denied as there is no indication that the Veteran has a current disability.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's obstructive sleep apnea (OSA) is aggravated by his service-connected right hip, PTSD, and tinnitus disabilities. The VA must obtain updated treatment records and provide a medical opinion on this issue.

The Board dismissed all claims as the Veteran died during the appeal process and thus, no jurisdiction remains to adjudicate the merits of the cases.