Sleep apnea decisions — 2019

The Board found that the reduction in disability rating for service-connected intervertebral disc syndrome with degenerative arthritis changes of the lumbosacral spine from 20 to 10 percent, effective October 1, 2013, was proper. The Veteran's right shoulder strain is rated at 20 percent.

The Board has granted service connection for sleep apnea and headaches, both found to be secondary to the Veteran's major depressive disorder.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis prior to November 22, 2011 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine limited to 60 degrees or less, a combined range of motion of 120 degrees or less, ankylosis, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis. The claim for a higher rating from November 22, 2011 was also denied because the evidence did not show forward flexion of the thoracolumbar spine limited to 30 degrees or less.

The Board has remanded the case for further examination and evaluation of the Veteran's scars, as there may have been a burn injury in service. The decision on service connection for obstructive sleep apnea and increased rating for PTSD remains pending.

The Veteran's claim for service connection for sleep apnea secondary to his service-connected depressive disorder is granted. Service connection for PTSD is denied. The Veteran's service-connected depressive disorder (previously evaluated as adjustment disorder with depressed mood) is granted an increased evaluation of 70 percent, but not higher, for the period on appeal.

The Board has decided to remand the claims for COPD, OSA, and DM due to inadequate examinations conducted without full understanding of the Veteran's exposure to asbestos. The TDIU claim is also remanded as it relies on the disposition of these service connection claims.

The Board has granted service connection for hypertension as secondary to service-connected obstructive sleep apnea (OSA). The Veteran's OSA is also service connected.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during service and have continued since. The decision is based on credible lay evidence of in-service and post-service symptoms.

The Board has remanded the claims for service connection for a sinus disability, sleep disability, and heart disability due to potential issues with the evidence considered in previous decisions. The Veteran's attorney withdrew appeals for COPD and bilateral sensorineural hearing loss.

The Board has determined that the VA examination and opinion are inadequate for determining whether the Veteran's sleep apnea is related to his service-connected disabilities, specifically insomnia or neck disability. The case is therefore being remanded for a new VA examination.

The Veteran's appeal is being remanded to obtain an addendum opinion regarding his service connection claim for obstructive sleep apnea. The TDIU claim remains pending.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and opinions.

The Veteran's sleep apnea is being remanded due to a duty to assist error. An addendum opinion must be obtained to determine if the condition had its onset during his period of honorable service from May 2007 to May 2011.

The Veteran's OSA is caused by, or aggravated by, his service-connected diabetes mellitus, type II. Service connection for OSA has been granted.

The Board has remanded the case due to inadequate VA spine examinations and the need for additional VA treatment records. The Veteran's service-connected lumbosacral spine degenerative joint disease is being considered for an increased rating.

The Veteran's left knee disorder, mood disorder (secondary), hypertension, sleep apnea, diabetes mellitus and stomach disorder have been denied. The issues of increased ratings for her right knee, back, right ankle and right hip conditions, as well as service connection for sciatic nerve disorder, chronic pain disorder, right lower extremity neuropathy, left lower extremity neuropathy and limitation of flexion of the right thigh are being remanded.

The Board has granted the Veteran's petition to reopen his claim of service connection for sleep apnea and remanded it for further development.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right knee disability and obstructive sleep apnea. The Veteran will need to undergo additional examinations to determine if his conditions are related to service or other factors.

The Board has granted service connection for obstructive sleep apnea and meniscal tear of the left knee, finding that there is at least equipoise evidence to support these claims.

The Veteran's claim for service connection for sleep apnea was denied. The left knee disability received increased ratings, with a 30% rating prior to August 26, 2006 and a 60% rating from November 1, 2007 onwards. The right thumb injury residuals also received an increase in evaluation.