Sleep apnea decisions — 2019

The Veteran's sleep apnea is granted as service connected. The lung disorder and atrial fibrillation claims are remanded for further development.

The Veteran's claim for service connection for a back disability was reopened, granted. The right knee disability is related to his service-connected right leg fracture residuals and granted. Service connection for left hip disability and sleep apnea were denied. A compensable rating of 10% was assigned for the residuals of fracture in the right leg.

The Veteran's claims for syncope, previously claimed as blackouts and seizures; gastritis; obstructive sleep apnea (OSA); and tinnitus have been granted. The decision also remanded the issues of service connection for epilepsy (previously claimed as blackouts and seizures) and gastritis.

The Veteran's initial compensable evaluation for bilateral hearing loss has been denied.,Issues related to groin strain with right testicular pain, a right leg condition associated with groin strain, breathing problems, sleep apnea, acid reflux (GERD), and low back disability have been remanded.

The Veteran's sleep apnea was diagnosed during service and is considered to have started there. The Board granted the claim for service connection.

The Veteran's claim for service connection for sleep apnea syndromes was denied due to lack of nexus. The VA granted an initial rating of 50 percent for unspecified trauma and stressor related disorder and adjustment disorder, but denied a higher rating and effective dates for the disorders.

The Veteran's service connection claims for peripherical neuropathy of the bilateral upper extremities, peripheral neuropathy and restless leg syndrome of the bilateral lower extremities, and obstructive sleep apnea are being remanded due to insufficient evidence.,Specifically, a VA medical opinion is needed to address whether these conditions were incurred or aggravated by service.

The Veteran's claim for service connection for lumbosacral strain was granted. The claims for increased ratings for the left and right knees were remanded.

The Veteran's lumbosacral spine disability is rated at 40 percent effective August 1, 2008. The appeal for a TDIU remains pending.

The Veteran's appeal seeking increases in the 'staged' ratings for tinea versicolor, lumbosacral strain, and right and left knee patellofemoral pain syndrome was dismissed as he withdrew his appeal.

The Veteran's lumbosacral strain and left total knee replacement are being remanded for further evaluation.,The issue of a higher rating for radiculopathy of the left lower extremity is also being remanded. ,The extension of the temporary total rating for right ankle convalescence beyond February 29, 2008 is not warranted.

The Veteran's acquired psychiatric condition and sleep apnea are not service-connected.,His gastrointestinal condition is also not service-connected. However, his GERD has been granted service connection.

The Board has remanded the Veteran's claims for increased ratings for her service-connected left shoulder, cervical, and lumbosacral strain due to outstanding VA treatment records and additional examinations.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected conditions. The Veteran needs a VA examination to determine if his sleep apnea is related to his major depressive disorder, medications for it, or his shoulder injury.

The Veteran's right shoulder and left knee disabilities, as well as his sleep apnea and tinnitus, have been granted service connection.,Service connection for the right shoulder disability is based on a current diagnosis related to in-service injury. Service connection for the left knee disability is secondary to the service-connected right knee disability.

The Board has granted an effective date of November 7, 2010 for a 10% rating for the Veteran's scar. The case is being remanded for further development regarding service connection for obstructive sleep apnea and an acquired psychiatric disorder.

The Veteran's sleep apnea is being remanded for additional medical examination and development to determine its etiology, including whether it is related to his service-connected PTSD and lumbosacral strain.

The Veteran's migraine headaches were rated as noncompensable prior to July 24, 2014. From that date onwards, a rating of 50 percent was granted.,PTSD was initially rated at 70 percent from the effective date of October 23, 2013.,Right shoulder degenerative joint disease received an initial 20 percent rating based on painful motion.,Sleep apnea and tinnitus were both denied for increased ratings as they are already at their maximum schedular ratings.,Loss of cervical lordosis was granted service connection effective October 23, 2013.,TDIU is pending due to the Veteran's multiple service-connected disabilities.,The appeal for TBI and recurrent lumbar strain remains unresolved (remanded).,No specific exposure basis or presumption was mentioned in this decision.

The appellant has withdrawn all appeals regarding the evaluations for various hip and spine conditions, including myofascial syndrome lumbosacral spine, right hip bursitis, left hip bursitis, and bursitis of the left thigh. As a result, the Board does not have jurisdiction to review these appeals.

The Veteran's service connection claims for sleep apnea, primary insomnia (claimed as sleep disturbances), hepatitis B, and a dental condition are being remanded due to the need for additional development.,Specifically, an addendum opinion is needed regarding whether the Veteran’s primary insomnia is aggravated by his service-connected tinnitus. A VA examination is also required to determine if the Veteran has a compensable dental disability related to his time in service.