Sleep apnea decisions — 2019

The Board has remanded the claims of service connection for sleep apnea, heart condition, sinusitis, and GERD. The Veteran's claim for a compensable rating for nasal fracture is denied. A 30 percent rating for chronic sinusitis is granted. A 30 percent rating for GERD is granted.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for additional examination and consideration of new evidence.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his military service and have continued since. The decision is based on credible lay evidence and a medical opinion from a sleep medicine specialist.

The Veteran's claims for service connection related to joint pain, sleep apnea, sinus/nasal condition, headaches/migraines, and acid reflux are remanded due to the need for additional medical examinations and evidence review.

The Veteran's low back condition is related to his active service.,The Veteran has OSA that is proximately due to or the result of his service-connected GERD.,The Veteran has adjustment disorder and cognitive disorder that are proximately due to or the result of his service-connected GERD.,The right hip condition is remanded for further examination.

The Veteran's claims for service connection have been denied as new and material evidence has not been submitted to reopen the claims.,Service connection was previously denied in June 1996, and no new and material evidence has been received since then.

The Board has remanded the claims for service connection for lumbosacral strain, obstructive sleep apnea, and coronary artery disease due to insufficient medical opinions provided by the VA examiner. The Veteran is requested to provide additional evidence and authorize VA to obtain relevant private records.

The Board has determined that the Veteran's obstructive sleep apnea had its onset in service and granted service connection for this condition.

The Board has reopened the Veteran's claims for service connection for lumbosacral or cervical strain, benign skin neoplasms, and low back disability. The case is remanded to obtain additional medical opinions regarding these claims.

The Veteran's lumbosacral and cervical spine disabilities are rated at 40% and 30%, respectively, with no higher ratings granted.,Radiculopathy of the left lower extremity associated with thoracolumbar spine disability is rated at 10%. Radiculopathy of the right lower extremity is also rated at 10%, but only from December 4, 2008 to January 16, 2018. Radiculopathy of the left upper and right upper extremities are both rated at 10%.,GERD with stomach ulcers is rated at 30%. Recurrent sinusitis is rated at 10%, and neuroma of the tip of the left thumb, post partial evulsion with repair, remains rated at 10%.

The Veteran's service-connected obstructive sleep apnea and depressive disorder are granted.,An initial rating of 50 percent for tension headaches is granted, effective December 2017.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and medical opinions. The effective date claim is denied as there was no pending formal or informal claim prior to April 11, 2012.

The Veteran's claims for increased ratings of thoracolumbar strain, neuropathy of the great toes, and flat feet are denied. The Board has remanded the Veteran's service connection claims for a psychiatric disorder (including PTSD) and for flat feet.

The Board denied the Veteran's service connection claim for a right knee disability, and also remanded his increased rating claims for cervical strain and lumbosacral strain.

The Veteran's claim for service connection for acute necrotizing ulcerative gingivitis is denied as it does not qualify as a compensable disability.,Service connection for lumbar sprain, bilateral knee disability, and obstructive sleep apnea is denied due to lack of evidence linking these conditions to service.,The Veteran's claim for morbid obesity is denied because obesity is not considered a compensable disability under VA regulations.,Service connection for atrial fibrillation and congestive heart failure is remanded as the relationship between current diagnoses and in-service chest pain needs further evaluation.

The Veteran's claims for increased ratings and service connection were denied. The claim for sleep apnea with CPAP was not reopened, while the right foot hallux valgus and residual scar conditions received a 10% rating.

The Veteran's appeal is remanded due to the need for a Statement of the Case regarding his right shoulder tendonitis claim. The lumbosacral strain disability remains at a 10 percent rating.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional examinations. The issues include bilateral hip strain, acquired psychiatric disorder, left lower extremity radiculopathy, obstructive sleep apnea (OSA), gastroesophageal reflux disease (GERD), erectile dysfunction (ED), and loss of use of a creative organ.

The Board has determined that the Veteran's sleep apnea began during active service and granted service connection for this condition.

The Board has reopened the claim of service connection for sleep apnea and granted it, finding that a relationship exists between the Veteran's service-connected PTSD and his current sleep apnea. The effective date is not specified.