Sleep apnea decisions — 2019

The Veteran's tinnitus claim is granted, while his sleep apnea claim is denied. The right and left knee retropatellar pain syndrome claims are remanded for further development.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to his service-connected bilateral flat feet. The examiner must provide an opinion on this issue.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for service-connected residuals of a right knee fracture, limitation of motion of the right knee, and sleep apnea. The Veteran is also required to provide VA with his private physician’s medical records related to these conditions.

The Veteran's sleep apnea, coronary artery disease, thyroid condition, diabetes mellitus, and ventricular arrhythmias were not shown as chronic in service or within a presumptive period. The Board found no evidence linking these conditions to his military service.,The Veteran claimed that his disabilities are related to contaminated water exposure at Camp Lejeune, but he did not provide any competent medical evidence supporting this claim.

The Veteran's obstructive sleep apnea is found to have begun during his active-duty service and the Board has granted service connection for this condition.

The Veteran's lumbosacral spine disability was granted a 40% rating from February 26, 2019. The effective date for this rating is not specified.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to comply with a Court decision in Correia v. McDonald, 28 Vet. App. 158 (2016).

Service connection for TBI and sleep apnea, as well as headaches and GERD, is denied.,The Veteran's service-connected conditions do not meet the criteria for increased ratings.

The Veteran's claims for service connection for bilateral hearing loss and hypertension were previously denied, but reopened due to new evidence. The claim for OSA is remanded as the VA examiner's opinion did not address secondary service connection.,Service connection for obstructive sleep apnea is being remanded because the VA examiner’s opinion does not adequately address whether it is related to PTSD.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the etiology of his claimed conditions, particularly those related to bilateral ankles, knees, hips, lumbar spine, cervical spine, right ankle condition, left ankle condition, right knee condition, left knee condition, right hip condition, left hip condition, and sleep apnea. The claims are also remanded for increased evaluations.

The Board has remanded the Veteran's claims for service connection for OSA and DMII due to insufficient medical opinions addressing lay reports of the Veteran's symptoms while on military leave.

The Board has remanded the Veteran's claims for service connection for sleep apnea, ulnar neuropathy of the right upper extremity, chronic right wrist disability, acid reflux disease, and PTSD. The claims are being remanded due to inadequate VCAA notice.

The Board has remanded the case for further development regarding a rating in excess of 40 percent for lumbosacral strain, including on an extraschedular basis. The claim also includes service connection for a ruptured Achilles tendon claimed as due to service-connected lumbosacral strain.

The appeal for service connection for sleep apnea is remanded due to the need for a VA examination and consideration of all theories of entitlement raised on appeal.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations of errors in fact or law.

The Veteran withdrew his appeal for a higher rating for lumbosacral strain, so the issue is dismissed.

The Veteran's service connection claims for a psychiatric disorder and sleep apnea have been denied as the evidence does not support a finding of in-service injury, disease, or event related to these conditions.

The Veteran's DDD of the lumbosacral spine is currently evaluated at 40 percent, effective July 15, 2013 and as 40 percent from July 1, 2016. The Board found that his symptoms do not warrant a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to insufficient evidence regarding whether it is proximately due to or aggravated by a service-connected disability, including cervical spine fusion or an acquired psychiatric disability. The case will be returned to the Board after further examination and medical opinion.