Sleep apnea decisions — 2019

The Veteran's lumbosacral strain and IVDS of the thoracolumbar spine are now rated at 60 percent, effective November 8, 2018. Peripheral neuropathy of both lower extremities is granted with specific ratings.

The Board has determined that there are outstanding private medical records relevant to the Veteran's claims and has ordered their retrieval. The Veteran is also asked to provide any additional private medical records from her providers.

The Board has remanded the Veteran's claims for respiratory disability, sleep apnea, and bilateral wrist disabilities due to insufficient medical opinions regarding their etiology. The Veteran is also requested to provide any outstanding VA or private treatment records.

The Veteran's service-connected lumbar spine disability and depressive disorder are found to be the proximate cause of his obstructive sleep apnea, which is granted as secondary to these conditions.

The Veteran's claim for service connection for asbestosis has been reopened and granted.,Service connection is established for adjustment disorder with mixed anxiety and depressed mood, tension headaches, COPD, and obstructive sleep apnea, all of which are found to be related to the Veteran's service-connected herniated disc disorder.

The Veteran's sleep apnea and left elbow scar are granted service connection, while his diabetes mellitus is denied. The Veteran's left shoulder disability receives a non-compensable rating.

The Board has decided to remand the case due to missing medical records and an opinion regarding whether the Veteran's sleep apnea is related to his active duty service.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of whether a low back condition is aggravated by service-connected bilateral knee disabilities. The case must be returned to the RO for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected disabilities, specifically his lumbar spine condition.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and degenerative disc disease with stenosis of the lumbar spine, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board dismissed the claims for service connection for obstructive sleep apnea, skin cancer (tumor condition), and respiratory disorder due to a lack of evidence showing these conditions were incurred or related to active duty service.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected Type II diabetes mellitus or PTSD. The examiner is requested to provide a detailed opinion on whether the Veteran's sleep apnea is at least as likely as not caused by, or aggravated by, his service-connected conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and private treatment records. The issues include increased rating for lumbosacral strain with degenerative changes, service connection for bilateral leg disability and migraine headaches, and TDIU.

The Board has remanded the case due to insufficient medical opinions and a need for additional records. The Veteran's sleep apnea is being reviewed again, with particular attention to its onset during service and any connection to his TMJ dysfunction.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) as part of his higher rating claims. The case is being returned to the agency of original jurisdiction (AOJ) for additional development, including obtaining updated VA treatment records and updating the evidence of record.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to his service, including accounts of snoring and difficulty sleeping during service. The Veteran needs a VA examination to determine this relationship.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected PTSD and whether it had its onset during service.

The Veteran's appeal has been dismissed for the issues of service connection for sinusitis, headaches, and sleep apnea; an initial disability rating in excess of 10 percent for right knee tendonitis with tendinosis; an initial disability rating in excess of 70 percent for PTSD; and an increased disability rating in excess of 10 percent prior to June 3, 2016 and in excess of 20 percent since then for lumbar spine degenerative arthritis.

The Veteran's sleep apnea, headaches (secondary to sleep apnea), benign prostatic hypertrophy with urinary frequency, elbow bursitis, narcolepsy, and cataplexy are all granted. The effective dates for these conditions will be determined based on the specific claims and evidence provided.

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder and sleep apnea is remanded due to insufficient competent medical evidence on file.