Sleep apnea decisions — 2019

The Veteran's claim for an earlier effective date for chronic lumbosacral strain was denied as there were no documents between the final Board decision and June 2, 1997 that could be construed as a formal or informal claim to reopen.,The Veteran's claim for an earlier effective date for PTSD total disability evaluation was denied because the increase in severity did not occur within one year prior to July 25, 2018.

The Board has granted service connection for sleep apnea and awarded a TDIU effective from April 1, 2011. The Veteran's sleep apnea is aggravated by his service-connected back and hip disabilities.

The Board denied the Veteran's claim for service connection for lumbosacral strain, to include degenerative arthritis with spondylolisthesis, finding that there was no evidence of a direct link between his current condition and his active military service.

The Veteran's claim for an earlier effective date for service connection of his acquired psychiatric disability was denied. The claim for service connection for sleep apnea, which had previously been denied, was reopened based on new evidence linking the condition to his service-connected disabilities. A rating of 70 percent for a psychiatric disability prior to April 20, 2016, and greater than 70 percent from that date, is granted.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service-connected conditions or if it was aggravated by a service-connected condition. The VA needs to obtain private treatment records and conduct an opinion from a suitable examiner.

The Veteran's claim for service connection has been reopened, but the case is remanded due to the need for additional development and an examination.

The Board has granted service connection for bilateral hearing loss. The cases of low back disability and sleep apnea are remanded due to the need for additional medical examination.

The Veteran's lower back disability was granted a TDIU rating of 40 percent effective from December 1, 2017. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeals for service connection for diabetes mellitus, weight gain, and chronic lumbosacral pain have been dismissed.,New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for a traumatic brain injury (TBI).

The Veteran's left ankle disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5271 for marked limitation of motion. The Veteran does not have a current diagnosis of any other claimed conditions.,Service connection has been granted for an acquired psychiatric disorder (including major depressive disorder, generalized anxiety disorder with panic attacks, and alcohol use disorder), sleep apnea, low back disorder, left hip disorder, right hip disorder, left knee disorder, and left lower extremity radiculopathy. Service connection was denied for the remaining conditions.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, PTSD related to personal trauma, and GERD secondary to PTSD and right ankle disability due to insufficient evidence regarding the etiology of these conditions.

The Veteran's claim for service connection for PTSD, bilateral hearing loss disability, and tinnitus was granted. Claims for fibromyalgia, CFS, respiratory disorder, gastrointestinal disorder, skin disorder, lumbosacral strain, and TBI were denied or remanded.

The Veteran's claim for service connection for obstructive sleep apnea was reopened and granted. The Veteran's reflux esophagitis is rated at 30 percent, but no higher.

The Board has remanded several issues for further development and evaluation, including Parkinson's Disease, TBI residuals, skin disability, hypertension, OSA, an acquired psychiatric disorder, vertigo, and TDIU. The Veteran’s claims are inextricably intertwined with the issue of service connection for Parkinson's Disease.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for asbestosis.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service and grants entitlement to service connection for this condition.

The Veteran's sleep apnea was not incurred in service and the Board denied his claim for service connection.

The Veteran's service-connected conditions, including major depressive disorder with other specified trauma, lumbosacral strain, cervical strain, and patellofemoral syndrome of the right knee, are being remanded for further development due to new evidence added to her claims file.

The Veteran's claims for an initial rating in excess of 10 percent for lumbar spine disability and service connection for obstructive sleep apnea are remanded due to the need for new examinations and additional records.

A rating of 30 percent, but no higher, for frostbite of the right foot, third toe is granted. The Veteran's other claims are remanded.