Sleep apnea decisions — 2019

The Veteran's claim for service connection for hearing loss is denied as he does not have a current bilateral hearing loss disability.,The Veteran's claim for a rating in excess of 10 percent for left ankle arthritis is denied due to lack of limitation of motion and no evidence of pain or other symptoms that would warrant higher ratings under the applicable diagnostic codes.,The Veteran's claim for nonservice-connected pension benefits is denied as he did not serve during a period of war, nor was his service connected with any disability.,The Veteran's claim for service connection for tinnitus is remanded to obtain additional VA and private treatment records that may be pertinent to the claim.,The Veteran's claim for service connection for right wrist sprain is remanded to obtain an addendum medical opinion from the March 2017 VA examiner regarding whether any preexisting right distal radius fracture was aggravated by active duty service.,The Veteran's claim for service connection for obstructive sleep apnea is remanded to obtain additional VA and private treatment records that may be pertinent to the claim.

The Veteran's claim for restoration of a 20 percent rating for his service-connected musculoligamentous lumbosacral strain with degenerative disc disease and small annular tear, effective from January 1, 2013, is granted. The Board also remanded the issue of an increased rating for this condition.

The Veteran's sleep apnea is found to be related to his service, and the claim for this condition is granted.,The Veteran's low back disability is found to be caused by his service-connected myofascial disorder, and the claim for this condition is granted.

The Board has decided that the Veteran's claims for service connection for sleep apnea and an autoimmune disorder should be remanded to allow VA to obtain relevant treatment records.

The Veteran's chronic headaches, acquired psychiatric disorder (claimed as insomnia), sleep apnea, and vestibular disorder have been granted service connection. The effective date for the grant of service connection is March 31, 2016.

The Veteran's bilateral eye condition is not shown to have developed as a result of an established event, injury, or disease during active service.,The preponderance of the evidence is against finding that the Veteran’s OSA began during active service or is otherwise related to an in-service injury or disease, or that his OSA was caused or aggravated by service-connected allergic rhinitis or allergic tracheobronchitis.

The Board has remanded the case due to a need for a VA examination to determine if any diagnosed psychiatric disorder, including a sleep disorder, is related to the Veteran's service-connected GERD.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his military service or secondary to his service-connected lumbar spine disability. The Veteran will need a VA examination to determine these issues.

The Board denied the Veteran's claims of service connection for a back disability, sleep apnea, and tinnitus. The Board found no current diagnoses or evidence linking these conditions to service.

The Board denied the Veteran's claims for service connection for sleep apnea and a respiratory condition due to asbestos exposure, finding that the preponderance of evidence did not support these claims.

The Veteran's claim for service connection for sleep apnea is reopened, but the Board finds that additional development is necessary as a new examination is required to determine if his sleep apnea is related to his military service or his service-connected PTSD.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to his service-connected asthma. The Veteran will need a medical opinion on this issue.

The Board has granted the Veteran's petition to reopen his claim for service connection for retinitis pigmentosa, and remanded the issue of determining whether he is entitled to service connection.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to the death of the appellant.

The Board has remanded the case due to the need for a medical opinion regarding the nature and etiology of any respiratory disabilities, including whether they are service-connected or aggravated by pre-existing conditions.

The Board has remanded several issues for early private treatment records, including service connection claims for various conditions. The Veteran's appeal is not about service connection at all.

The Veteran's claim for a rating in excess of 20 percent for his lumbosacral degenerative disc disease (back disability) is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Veteran's service-connected disabilities, including major depressive disorder, sleep apnea, degenerative arthritis of the spine with intervertebral disc syndrome and spinal stenosis, left patellofemoral syndrome, left lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (sciatic nerve), allergic rhinitis, left palm ganglion cyst excision, herpes simplex, acne vulgaris, and uterine fibroids, have prevented the Veteran from securing or following substantially gainful employment.

The Veteran's appeal is remanded for further evaluation of his appendectomy scar and lumbosacral spine degenerative joint disease, as well as consideration of a TDIU claim. The Veteran will be scheduled for VA examinations to assess the severity of these conditions.

The Board denied the Veteran's claim for service connection for his lumbosacral strain (back condition) to include as secondary to his service-connected bilateral knee and hip conditions, finding that there was no direct or indirect link between these conditions.