Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for service connection and rating increases due to incomplete records, conflicting medical opinions, and lack of proper range of motion testing.

The Board has determined that a new VA examination is needed to clarify the Veteran's sleep apnea and its relationship to his service, service-connected conditions, or obesity.

The Veteran's claim for an increased rating for his chronic lumbosacral strain is being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for service connection for dizziness, allergies, sleep apnea, anemia, fatigue, erectile dysfunction, sterility, a skin condition, headaches, refractive error, bronchitis, and unspecified body aches has been denied.,No new evidence was received to reopen the claims for service connection for paralysis, neck to left foot, and back injury or passive aggressive personality disorder.

The Board has found that the RO failed to provide proper VCAA notice and is therefore remanding the case for further action.

The Board has granted the Veteran's application to reopen his claim of service connection for a lumbosacral spine condition, and remanded it for further development.

The Board denied the Veteran's claims for service connection for various conditions, including cervical spine disability, left upper extremity radiculopathy, obstructive sleep apnea, memory loss claimed as secondary to TBI, and an acquired psychiatric disorder other than PTSD. The appeals were remanded for further action on some issues.

The Veteran's appeal is remanded due to the need for additional development and consideration of his claims, including a TDIU claim.

The Board has remanded several issues including service connection for various conditions, a rating higher than 20 percent for degenerative joint and disc disease of the lumbar spine, and a rating higher than 10 percent for left lower extremity radiculopathy. The Veteran's claims for increased ratings and service connection are also being remanded.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to new and material evidence. The Veteran's current diagnosis of obstructive sleep apnea is found to have its onset during his military service, specifically from hours spent flying at high altitudes. Service connection for asthma as secondary to GERD and sleep apnea is also granted. For the initial period on appeal beginning September 15, 2009, a 30% rating for GERD is granted.

The Veteran's initial higher rating for Headache Syndrome prior to August 12, 2015 was denied. A 50% disability rating is granted from that date onwards. The claims of entitlement to initial compensable ratings for Right Hip Degenerative Arthritis and Left Hip Degenerative Arthritis are remanded. The claim of entitlement to an increased rating for Lumbosacral Intervertebral Disc Syndrome is also remanded.

The Board has remanded the Veteran's claims for left lower extremity joint pain, headaches, and sleep disorder due to insufficient medical opinions regarding their etiology. The Veteran is presumed exposed to environmental hazards in Southwest Asia during her service.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus, but denied service connection for hyperlipidemia as secondary to his service-connected diabetes mellitus.

The Board has denied the Veteran's claims of service connection for bilateral plantar fasciitis with right heel spur and obstructive sleep apnea, finding that there is no evidence to support a relationship between these conditions and his military service or any service-connected disabilities.

The Veteran's service connection for sleep apnea secondary to his service-connected PTSD and MDD is granted. The effective date of the grant of service connection for PTSD and MDD is denied as it is earlier than April 30, 2014. An initial rating in excess of 70 percent for PTSD and MDD remains denied.

The Board has determined that the Veteran's currently diagnosed OSA is permanently aggravated by symptoms of his service-connected PTSD, and thus grants service connection for OSA as secondary to PTSD.

The Board has denied service connection for obstructive sleep apnea (OSA) as it is not shown to be causally or etiologically related to any disease, injury, or incident during service and was not caused or aggravated by a service-connected disability. The low back disorder, right shoulder disorder, bilateral hearing loss, urinary disorder, and prostate cancer claims are remanded for further development.

The Veteran's appeals for service connection and rating determinations have been dismissed due to his withdrawal of all remaining claims.

The Board has remanded the cases for further development and opinion regarding service connection for various conditions, including kidney disorder, diabetes mellitus, hypertension, and heart disorder.

The Veteran's claims for service connection for chronic obstructive pulmonary disease and sleep apnea are remanded due to inadequate VA examinations. The Board finds that the record does not contain adequate VA examinations addressing whether his current COPD was caused by or aggravated by his service-connected lung cancer, and whether his sleep apnea had its onset during active military duty.