Sleep apnea decisions — 2019

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities, including PTSD with MDD. The effective date for the grant of service connection for MDD is set at May 16, 2016.

The Board has remanded the case due to non-compliance with previous remand directives and new arguments regarding potential service connection for sleep apnea.

The Board has remanded the case due to insufficient reasoning in the July 2018 decision regarding service connection for sleep apnea. The Court found that the Board failed to provide an adequate statement of reasons or bases for its determination.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is remanded due to the need for a new VA examination and additional medical records.

The Board has granted service connection for tinnitus and remanded the issues of service connection for a psychiatric disability, sleep apnea, left upper extremity neuropathy, and rating in excess of 10 percent for a heart disability.

The Board denied the Veteran's claims for service connection for sleep apnea and bilateral elbow disability, finding that there was no evidence of a current disability or in-service incurrence/aggravation. The Board also found insufficient medical nexus opinions to support secondary service connection.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral spine, herniated disc was denied as the evidence did not show forward flexion to 30 degrees or less nor unfavorable ankylosis.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy was denied as the evidence did not support moderately severe incomplete paralysis.

The Veteran's 40 percent rating for lumbosacral strain is restored.,The Veteran is granted TDIU prior to August 19, 2015.

The Veteran's major depressive disorder with anxious distress is rated at 70 percent, effective from the date of the decision. The Veteran also received a grant for service connection for left shoulder strain with degenerative changes.

The Board has granted service connection for an acquired psychiatric disability, finding it as likely as not caused by the Veteran's service-connected left knee condition. The other issues remain remanded.

The Board has reopened the Veteran's claim for service connection for COPD with obstructive sleep apnea. The case is remanded to determine if his conditions are related to active duty military service.

The Board has remanded the claims for service connection for residuals of shattered right hand and knuckles, gastroesophageal reflux disease (GERD), bilateral ankle disorder, obstructive sleep apnea (OSA), residuals of cracked left-rib cage, and a low back disability due to incomplete records from National Guard units.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current obstructive sleep apnea is related to service. The VA will provide an addendum opinion to address this issue.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is related to service, including exposure to asbestos or Gulf War service in Kuwait.

The Veteran's claims for service connection have been reopened, and the issues are being remanded for additional examination to determine if his current disabilities are related to his motor vehicle accident in 1973.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis of OSA did not begin during service or is otherwise related to an in-service injury. The Board also found that the Veteran's service-connected left shoulder disability did not cause or aggravate his obstructive sleep apnea.

The Veteran's appeal regarding a higher rating for lumbosacral strain has been dismissed because the Veteran withdrew her request for such. The case is remanded for consideration of additional VA treatment records related to cervical strain.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to active duty service or any service-connected disability.

The Veteran's lumbar spine condition is rated at 40 percent, the maximum rating available under DC 5237. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis.

The Board has remanded the claims for service connection for lumbosacral and cervical spine disabilities due to inadequate VA examinations. The Veteran is seeking service connection for these conditions, which he contends are related to his military service, including multiple jumps out of airplanes.