Sleep apnea decisions — 2019

The Veteran's service-connected PTSD is found to have caused or aggravated his OSA. The claim for insomnia will be remanded for further examination.

The Board found new and material evidence for the claim of service connection for sleep apnea, but determined that it did not relate to the Veteran's active duty service. The decision is mixed as some issues were granted (new and material) while others were denied.

The Veteran's disability rating for joint pain associated with the ankles, hips, elbows, and lumbosacral spine was reduced from 20 percent to 10 percent. The Board has restored the 20 percent rating effective February 1, 2017.

The Veteran's claims for service connection for a bilateral knee disability, sleep apnea, and depression have been denied as new and material evidence has not been submitted to reopen these claims.,Service connection for an acquired psychiatric disability, including posttraumatic stress disorder (PTSD), is also denied.

The appeals of the Veteran's claims have been dismissed due to his death.

The Veteran is granted TDIU from August 20, 2015 to February 7, 2017 due to his service-connected disabilities. The appeal for prior dates was denied.

The Board has determined that new material evidence has been received to reopen the claims for service connection for an acquired psychiatric disability, sleep apnea, and headaches. The issues of secondary service connection for bilateral hip pain, lumbosacral strain, a heart disability, left knee disability, right knee disability, and toe disability are remanded.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbosacral strain and right lower extremity radiculopathy are remanded due to unclear diagnoses and functional limitations.

The Veteran's cause of death is denied as the service-connected conditions did not contribute to his death. The Appellant also does not qualify for death pension benefits due to her income exceeding the statutory maximum.

The claim of service connection for bilateral hearing loss and sleep apnea is being remanded due to the need for a VA examination.

The Veteran's service connection claims for various conditions, including diabetes mellitus, type II, amputations of toes, glaucoma, and cardiovascular issues, were denied as there was no evidence to support the assertions that these conditions were related to his military service.

The Veteran's migraines have been granted an increased rating to 50 percent, effective from the date of his claim. The TBI and PTSD ratings remain unchanged.

The Board has remanded several service connection claims for chronic fatigue syndrome, obstructive sleep apnea, a skin condition, a neurological disability, muscle pain, and joint pain due to the need for additional development.

The Board has decided to remand the claims for service connection for a back disorder, heart disorder, and obstructive sleep apnea (OSA) due to additional medical inquiry and consideration of new evidence.

The Board has remanded the case for a VA opinion regarding whether sleep apnea is secondary to service-connected PTSD. The issues of increased ratings for left thigh, calf, and wrist disabilities remain on appeal.

The Veteran's claims for service connection for various conditions, including DM, esophageal condition, hypertension, LLE radiculopathy, RLE radiculopathy, lumbar DJD with IVDS, and sleep apnea, were all granted effective May 24, 2013. The Board found that there was no earlier claim received prior to the Veteran's most recent period of active service (March 2012 to May 2013).

The Board has determined that the Veteran's periods of active duty and ACDUTRA have not been fully accounted for in the claims file, including pertinent medical records related to his May 2000 surgery. The appeal is being remanded for additional development, including obtaining a VA medical opinion on whether it is at least as likely as not that the Veteran's diagnosed sleep apnea was incurred or aggravated while performing active duty or ACDUTRA.

The Veteran's low back disability, including associated radiculopathy of the right lower extremity, was granted a 20% rating effective October 29, 1998. A separate 10% rating for radiculopathy is also in effect since that date.

The Veteran's sleep apnea was diagnosed within a year of discharge and supported by lay statements, leading to the grant of service connection.

The Board has remanded the claims for service connection for right and left shoulder disabilities, sleep apnea, and a psychiatric disorder due to incomplete records and need for further examination.