Sleep apnea decisions — 2019

The Veteran's PTSD and obstructive sleep apnea have been granted service connection, with a rating of 70% for PTSD beginning November 12, 2018.

The Board has denied service connection for obstructive sleep apnea, finding that it is not related to the Veteran's service-connected lumbosacral strain. The claim for a rating in excess of 40 percent for lumbosacral strain is remanded due to lack of recent examination.

The Veteran's service-connected disabilities rendered him unemployable or unable to secure and follow a substantially gainful occupation beginning February 4, 2015. A total disability rating based on individual unemployability (TDIU) is granted effective from that date.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The decision resolves all doubt in favor of the Veteran.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his PTSD with major depressive disorder did not cause or aggravate his OSA.

The Board has granted service connection for obstructive sleep apnea and atrial fibrillation, finding that these conditions are secondary to the Veteran's service-connected status post small cerebral infraction, left frontal cortex and now service-connected obstructive sleep apnea respectively. The decision is based on medical opinions supporting a causal relationship between the service-connected disabilities and the newly diagnosed conditions.

The Board denied service connection for low back disability as the evidence did not show a chronic in-service injury or disease, and there was no continuity of symptomatology. The VA examiner found that the current low back condition is not related to an in-service injury.

The Board has remanded the case due to the need for further examination and opinion regarding the Veteran's service connection claim for OSA. The examiner is required to address whether OSA was aggravated by his service-connected allergic rhinitis, caused or aggravated by PTSD, related to a verified period of ACDUTRA from January 4, 2016 to March 1, 2016, and whether it clearly and unmistakably preexisted this period of service.

The Board denied the Veteran's request for an earlier effective date for service connection of sleep apnea, finding that the most recent claim was received on January 10, 2019.

The Board has remanded the issues of service connection for a respiratory condition and obstructive sleep apnea due to inadequate opinions in the previous rating decision. The case is returned to the RO for further development.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy due to concerns about the adequacy of prior examinations.

The Veteran's service connection claims for obstructive sleep apnea and degenerative disc disease of the low back have been granted. The claim for a higher evaluation for Raynaud’s phenomenon has been denied, but the issue is being remanded. Effective date issues are pending for thyroid cancer and gastritis secondary to thyroid cancer.

The Board has granted service connection for obstructive sleep apnea. The issues of service connection for supraventricular tachycardia, atrial fibrillation (as secondary to service-connected sleep apnea or sinusitis), and chronic obstructive pulmonary disease (COPD) as secondary to service-connected sinusitis are remanded.

The Board has granted service connection for lumbosacral strain and intervertebral disc syndrome, as well as bilateral lower extremity radiculopathy secondary to these conditions. The decision is based on the Veteran's in-service injury and his current symptoms.

The Veteran's service-connected disabilities, including sleep apnea, lumbar spine and bilateral knee conditions, PTSD, and mallet right 5th finger condition, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim based on these combined disabilities.

The Veteran's depression is found to be secondary to his service-connected DDD of the lumbosacral spine.,For GERD, an initial disability rating of 10 percent has been granted.

The Board has reopened the claim for service connection for GERD and remanded the issues of service connection for sleep apnea, cervical and lumbar spinal damage, seizures, a disability rating in excess of 10 percent for TBI, and total disability rating based on individual unemployability (TDIU).

The Veteran's current Obstructive Sleep Apnea (OSA) was incurred in service and the Board has granted service connection for this condition.

The Board has remanded the Veteran's claims for higher initial ratings for her service-connected thoracolumbar and cervical spine disabilities due to inadequate examinations and need for updated treatment records.

The Board denied service connection for fractures of the right long finger, left index finger, left long finger, left ring finger, and left little finger. Service connection was granted for a right ankle disability, gastroesophageal reflux disease (GERD), asthma, and obstructive sleep apnea.