Sleep apnea decisions — 2019

The Veteran's low back disability and several other conditions are denied service connection. The remaining claims for unspecified depressive disorder, bilateral hearing loss, tinnitus, sleep apnea, GERD, and erectile dysfunction are remanded.

The Veteran's application to reopen the claim of entitlement to service connection for tinnitus was denied. The Board also remanded the issue of secondary service connection for sleep apnea due to PTSD with alcohol use disorder.

The Veteran's acquired psychiatric disorder, neck disorder, low back disorder, sleep apnea, alopecia, and headache disorder were not shown to be related to service. The appeals for these conditions are denied.

The Board has decided to remand the Veteran's claim for obstructive sleep apnea as they need more information and a medical examination.

The Veteran's left lower extremity radiculopathy is currently rated as 10 percent disabling prior to August 7, 2018 and 40 percent disabling from that date. The Veteran's chronic lumbosacral strain syndrome with facet joint atrophy of L3-L4, L4-L5, and L5-S1 and degenerative disc disease of L5-S1 is currently rated as 20 percent disabling. The Board has determined that remand is necessary for the claims related to these conditions.

The Veteran's obstructive sleep apnea is related to his military service, and the Board has granted service connection for this condition.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea and bilateral hearing loss due to a lack of medical evidence addressing these conditions.

The Veteran's low back disability was initially rated at 10 percent prior to April 2, 2018 and then increased to 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claim for service connection of obstructive sleep apnea, to include as secondary to posttraumatic stress disorder is being remanded due to the need for additional medical opinions and consideration of recent studies.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis is related to his military service. The evidence received since the August 2013 rating decision was both new and material as it relates to an unestablished fact necessary to substantiate the claim (a current disability and nexus).

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his active service. The Veteran was provided a VA examination, but the examiner did not consider the Veteran's lay statements and obesity during service.

The Veteran's service-connected lumbosacral strain disability is rated at 20 percent effective from August 22, 2016. The Board finds the evidence to be in equipoise as to whether a higher rating is warranted for this condition.

The Board has denied an increased rating for the Veteran's lumbar spine disability and remanded the issues of service connection for sleep apnea and left side numbness. The case is now REMANDED to obtain updated VA treatment records, schedule a VA examination to determine the etiology of sleep apnea, and another VA examination to differentiate any neurological disorder from radiculopathy.

The Board has remanded the claims of service connection for various conditions due to outstanding VA and Social Security Administration records.

The Board has remanded the claims for bilateral hearing loss, sleep apnea, syncope, and testicular condition due to the need for additional development.

The Board has decided that the Veteran's sleep apnea is not caused by his service-connected PTSD, but further examination is needed to determine if it had its onset in service or is otherwise related to active service.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea syndrome due to insufficient evidence regarding its onset during active duty. The Veteran and his spouse have provided lay testimony about symptoms observed during military service, which the VA is required to consider in determining whether service connection can be established.

The Board has remanded the Veteran's claims for service connection for patellofemoral left knee pain, left ankle pain, and obstructive sleep apnea due to insufficient evidence. The appeals are not granted.

The Veteran's claim for service connection for sleep apnea has been reopened due to new evidence showing that his current condition may be aggravated by a service-connected disability. The case is being remanded for further examination and evaluation.