Sleep apnea decisions — 2019

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's sleep apnea and upper airway resistance syndrome. The VA needs to provide a thorough opinion on whether these conditions are related to service or caused by a service-connected disability.

The Veteran's claims for increased ratings and service connection are remanded due to the need for new VA examinations.

The Board has reopened the claim for service connection of sleep apnea due to new and material evidence. The case is remanded for a VA opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Board has granted service connection for obstructive sleep apnea and remanded the issues of service connection for hypertension, allergies (including allergic rhinitis), a low back disability, and a left wrist disability.

The Board has granted service connection for sleep apnea, to include as secondary to service-connected hiatal hernia with GERD, asthma, and hypertension. The issue of service connection for a left knee condition, to include as secondary to service-connected status post right knee partial meniscectomy with degenerative arthritic changes, is remanded.

The Veteran's migraine headaches are rated as 50% disabling prior to March 11, 2013.,The Veteran’s lumbosacral strain is currently rated at 20% since October 21, 2006. The claim for a higher rating is remanded.

The Board denied the Veteran's request for an earlier effective date of June 29, 2016 for the award of service connection for sleep apnea. The decision found that no valid claim was filed prior to this date.

The Board has remanded the cases for further development and consideration due to inadequate medical opinions regarding whether the Veteran's sleep apnea, asthma, and anxiety disorders are related to service-connected asbestosis pleural plaques.

The Board has decided to remand the Veteran's claims for service connection, increased rating, and TDIU due to incomplete examinations and insufficient reasoning in previous decisions. The Veteran is required to provide updated medical records and undergo new examinations to determine if his back condition is related to service or aggravated by his left knee disability.

The Board has dismissed all claims due to the Veteran's death.

The Veteran's right hand condition, including the ring finger, fibromyalgia (claimed as chronic fatigue syndrome), migraine headaches, back disorder, folliculitis and acne, and obstructive sleep apnea are not service-connected.

The Board denied an earlier effective date for the grant of service connection for sleep apnea as secondary to PTSD, finding that the Veteran did not exhibit clear signs and symptoms of sleep apnea until June 15, 2016.

The Veteran's claim for service connection for sleep apnea was received on July 14, 2015. The effective date of the grant is set at that same date.

The Veteran's appeal for a higher rating for hypertension was denied. The claim of service connection for GERD was dismissed due to the Veteran withdrawing his appeal. The issue of service connection for sleep apnea is not before the Board at this time.

The Veteran's facial scars are granted a 30% rating, and his PTSD is granted a TDIU. Other claims have been resolved in favor of the Veteran.

The appeal for sleep apnea and the PTSD claim are dismissed. The hypertension case is remanded to determine if prior hypertension was service-connected.

The Veteran's current diagnoses of lumbosacral degenerative disc disease, spondylosis, and radiculopathy are found to be related to his in-service back injuries. The Board granted service connection for these conditions.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and sleep apnea, finding no current disability in either condition. The claim was not remanded for further examination as it did not require one.

The Veteran's claim for an increased rating for lumbosacral strain with mechanical low back pain is remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claims for service connection of right knee condition, left knee condition, rhinitis, and respiratory condition (including asthma) are remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claim for TDIU is remanded due to the need for VCAA notice and development regarding her employment status since 2010.,The Board requests an opinion from NARA on whether the Veteran was exposed to asbestos while stationed at Fort McClellan.,A VA examiner will provide opinions on the nature and etiology of each claimed condition, including consideration of any asbestos exposure.

The Board has remanded the claims of service connection for hypertension, sleep apnea, and restless leg syndrome due to insufficient rationale in the VA examiners' opinions. The Veteran's symptoms are related to his active service, but the exact nature of their relationship is unclear.