Sleep apnea decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service or secondary to his service-connected asthma, PTSD, and/or allergic rhinitis. A new examination is needed.

The Board has remanded the Veteran's claims for service connection for OSA, increased ratings for lumbosacral disc disease and left knee disabilities due to new evidence and development of records.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board has determined that remand is necessary to address his claim for a higher rating.,The Veteran contends he should have an effective date earlier than September 1, 2014, for dependency benefits. The RO found no evidence of such within one year of notification of the rating action.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, and thus grants service connection for this condition.

The Veteran's claims for left hand disability, right knee disability status post arthroscopic meniscus tear with degenerative joint disease, and sleep apnea are being remanded due to procedural errors in the initial rating decision. The Veteran must be provided a new rating decision addressing these claims on their merits, and he needs to undergo a VA examination for his sleep apnea.

The Board has decided to remand the case due to inadequate VA medical opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected deviated septum. The claim will be reviewed again with a new examination and opinion.

The Board has remanded the issues of service connection for obstructive sleep apnea and ratings for right hip and knee disabilities due to inadequate prior examinations.

The Veteran's mechanical low back pain, lumbar spine with degenerative changes, is currently rated as 20 percent disabling. The Board has found that the evidence does not support a higher rating.,Other claims have been remanded for further development and consideration.

The Veteran's PTSD is rated at 70 percent, and the Board has found that a higher rating is not warranted. The back disability and bilateral hip disabilities are remanded for further examination to determine their current severity.

The Board has remanded the case due to inadequate medical opinions regarding whether sleep apnea was caused by service or any service-connected conditions.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to his active service. The Board also found that the Veteran’s sleep apnea was aggravated by his service-connected asthma.

The Veteran's claim for an increased rating of PTSD was granted effective February 3, 2010.,Claims for increased ratings for DDD and DJD of the lumbosacral spine, right lower extremity compression neuropathy, and left lower extremity compression neuropathy were denied as it is not factually ascertainable that these conditions increased in severity within a year of April 11, 2012.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is related to service and has been granted. The issues of entitlement to service connection for a neck disorder, upper extremity neuropathy, foot disorder (right foot and right ankle disorders), right knee disorder, acquired psychiatric disorder (claimed as sleep disturbances), and migraine disorder are remanded.

The Board has dismissed the Veteran's appeal for an initial rating in excess of 10 percent for tinnitus. The claims for increased ratings for bilateral hearing loss, generalized anxiety disorder with major depression prior to April 11, 2016, sleep apnea, GERD, right wrist sprain with avascular necrosis, status post removal of necrotic bone, psoriasis, diabetes, right ankle sprain, right knee disorder, right foot disorder, bilateral leg disorder, chest disorder, residuals of head injury including scar, and vocal chords disorder are all remanded for further development.

The Board has remanded the claim of service connection for sleep apnea due to insufficient reasons and bases in the previous decision, requiring a VA examination.

The Veteran's claims for service connection for low back condition and sleep apnea are being remanded due to the need for additional development, including a VA examination.

The Board has ordered the AOJ to provide a VA medical opinion on whether the Veteran's current neck disorder is related to active duty or causally related to or aggravated by his service-connected lumbosacral spine disability. The examination was scheduled, but the Veteran did not show up for it.

The Veteran's spine disability, characterized by scoliosis, has been rated at 20 percent since the appeal period began. The Board found that a higher rating was not warranted due to lack of evidence of ankylosis or incapacitating episodes.

The Board has determined that further development is needed for the Veteran's claims regarding his respiratory conditions, including COPD and its secondary effects. The appeal will be remanded to allow for additional evidence collection.

The Board denied service connection for all claimed disabilities, including those related to exposure to herbicide agents, as the evidence did not establish actual or presumed exposure and the conditions were not shown to be directly related to active duty service.