Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for additional development due to inadequate VA examinations and incomplete medical records. The issues of service connection for lumbar degenerative disc disease, bilateral hip disabilities (including right lower extremity radiculopathy), and obstructive sleep apnea are being reviewed.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea. The Veteran and his family provided statements about their experiences with the Veteran's symptoms during service, but these were not addressed in the previous examination.

The Board has decided to remand the case for further development, including obtaining a VA opinion on whether the Veteran's current sleep apnea is related to his service or if it was caused by his service-connected PTSD.

The Veteran's claim for an increased rating of his service-connected lumbar strain was denied. The current rating is 20 percent, which is the maximum schedular rating available under the General Formula for Diseases and Injuries of the Spine.

Service connection for a right elbow disorder is denied.,Service connection for obstructive sleep apnea, to include as secondary to service-connected post-traumatic stress disorder (PTSD), is granted. Service connection for hypertension, to include as secondary to service-connected PTSD, is remanded.

The Board has determined that the VA examination conducted in September 2018 did not consider the Veteran's lay statements and was based solely on the lack of records in his service treatment records. The case is being remanded to obtain an addendum opinion from an appropriate clinician.

The Veteran's TMJ dysfunction has not manifested in the need for dietary restrictions to soft and semi-solid foods, as recorded or verified by a physician, or in interincisal range of less than 30 mm of maximum unassisted vertical opening during the relevant rating period.,The Veteran’s lumbosacral strain with degenerative arthritis and spinal stenosis and radiculopathy of the left lower extremity may have increased in severity since the most recent VA examinations were provided.

The Board has requested a remand to review new evidence received after the January 2019 Supplemental Statement of the Case and issue a new decision on the Veteran's claim for service connection for sleep apnea.

The Board has remanded the case for a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service-connected rhinoplasty, septoplasty and cartilage graft in service. The examiner must also opine whether sleep apnea is proximately due to or aggravated by his service-connected allergic rhinitis or sinusitis.

The Board has denied service connection for sleep apnea and remanded the claims of bilateral knee arthritis, TDIU prior to December 29, 2015, and SMC due to need for aid and attendance or housebound status.

The Board has vacated its decision denying service connection for sleep apnea and remanded the issue due to inextricably intertwined issues with the claim for service connection for atrial fibrillation.

The Board denied service connection for obstructive sleep apnea (OSA) and an acquired psychiatric disorder, to include depression. The Veteran's OSA was not incurred in service nor caused by a service-connected disability. His current depression is more likely related to situational stressors rather than his service-connected disabilities.,For the headache (migraine) disability, the Board granted a 50 percent rating since April 23, 2012.

The Board has remanded the cases for further development and examination to determine if any of the Veteran's disabilities are related to service. The issues include right knee disability, lumbar disability, nasal disorder, TBI, OSA, and an acquired psychiatric disorder.

The Veteran's appeal was denied as his Notice of Disagreement was untimely and did not address the issues in the February 2017 rating decision.

The Veteran's claims for increased ratings and service connection have been remanded due to procedural errors in obtaining necessary medical opinions.

The Board has remanded the cases for further development due to new evidence received after the last Supplemental Statement of the Case (SSOC).

The Veteran's claim for service connection for hearing loss was denied, and the appeal is now denied. The issue of whether new and material evidence has been submitted to reopen the claim for service connection for obstructive sleep apnea is remanded.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's back condition and sleep apnea.

The Veteran's hypertension and hemorrhoids have been rated appropriately. The Board has found that the Veteran is already in receipt of the maximum allowable rating for his hemorrhoids.,The Veteran’s left ankle disability, hydrocele, recurrent kidney stones, sleep apnea, COPD, and PTSD are all remanded for further development.

The Board has decided to remand the case for a VA sleep apnea opinion to determine if the Veteran's current sleep apnea was incurred in service or aggravated by his service-connected allergic rhinitis with chronic sinusitis.