Sleep apnea decisions — 2019

The Veteran's lumbosacral spine disability was granted an increased rating to 40 percent, effective April 23, 2009. The issue of entitlement to TDIU remains pending.

The Board has determined that the evidence is in equipoise as to whether the Veteran's obstructive sleep apnea is proximately due to or a result of his service-connected degenerative joint disease and cervical spondylosis, thus granting service connection for this condition.

The Board has remanded several issues related to the Veteran's service-connected disabilities due to a lack of recent examinations. The Veteran needs to undergo VA examinations for his sleep apnea, psychiatric symptoms, bilateral hearing loss, hemorrhoids, GERD, and allergic rhinitis.

The Board has remanded the claim for additional medical opinions to determine if the Veteran's sleep apnea is related to service, and whether it is secondary to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for a back condition and right hip condition, as secondary to his left knee condition due to insufficient medical opinions in prior examinations.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and development of records. The Board cannot make a fully-informed decision on these issues without further evidence.

The Veteran's initial rating for sleep apnea is being remanded due to the inadequacy of the February 2014 VA examination, which did not address the use of a CPAP machine and the presence of daytime hypersomnolence.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is aggravated by his service-connected COPD.

The Veteran's sleep apnea, erectile dysfunction, and restless leg syndrome are all found to be secondary to service-connected PTSD. The Veteran's palate salivary gland cancer is found to be due to exposure to herbicide agent (to include agent orange).,Service connection for the Veteran’s conditions has been granted.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including service connection for various conditions and effective date determinations.

The Board has remanded both issues due to the need for a new VA examination, consideration of extraschedular evaluation, and referral to the Director of Compensation Service for an extraschedular TDIU rating.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and aortic valve stenosis due to inadequate opinions from the October 2018 VA examiner. The Veteran is also seeking service connection for his cardiac disability, presumed exposure to herbicides in Vietnam.

The Board has determined that the provided medical opinion is inadequate and requires an addendum to address whether the Veteran's sleep apnea is proximately due to or the result of his service-connected PTSD, as well as if it is aggravated by his service-connected PTSD.

The Veteran's service-connected PTSD is found to be at least as likely as not proximately due to or aggravated by his use of medication for PTSD, resulting in OSA. The Veteran also has a 100% rating for PTSD from December 11, 2010, to October 23, 2018.

The Veteran's dental disability, sleep apnea, erectile dysfunction, and left sided varicocele are not service-connected.,The effective date for the grant of service connection for right eye injury is remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have onset during active service and is not otherwise etiologically related to active service. The Board also found no evidence of a chronic disease or undiagnosed illness due to service in Southwest Asia.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the appeal.

The Board denied the Veteran's claims for service connection and secondary service connection for obstructive sleep apnea, finding that it was not incurred in or related to his military service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbar spine disability and lower extremity radiculopathy.

The Board has denied a rating in excess of 10 percent for hypertension and remanded the issues of service connection for sleep apnea, compensable rating for erectile dysfunction, and rating in excess of 20 percent for hemorrhoids. The Veteran's appeal for special monthly compensation based on loss of use is also remanded.