Sleep apnea decisions — 2019

The Veteran's claim for service connection for a cervical spine disability is granted as new and material evidence has been submitted. However, the preponderance of the evidence does not support a finding that any current cervical spine disability is related to service.,Service connection for aggravation of sleep apnea by service-connected lumbar spine and radiculopathy disabilities is granted in favor of the Veteran.

The Board has decided to remand the case due to errors in processing and the need for a VA examination.

The Board has remanded the claims for service connection due to incomplete information about the appellant's periods of active duty and inactive duty, as well as the need for additional medical examination.

The Board has remanded the issue of service connection for obstructive sleep apnea (OSA), including as secondary to the service-connected psychiatric disability, due to a lack of clarity in the VA medical opinion provided. The Veteran's attorney submitted two articles that suggest an association between sleep apnea and psychiatric disabilities, which needs further clarification.

The Board has denied service connection for Chronic Fatigue Syndrome and granted an earlier effective date of April 10, 2017, for the increased rating of Persistent Depressive Disorder. The Veteran's claims for hypertension, OSA, and diabetes mellitus are remanded for further development.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's sleep apnea and bilateral hearing loss. The Veteran is not entitled to service connection for these conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not that the condition had its onset during her military service.

The Veteran requested to withdraw all issues currently on appeal before the Board could make a decision.

The Board has determined that the Veteran's claim for a higher rating for his lumbosacral strain is remanded due to insufficient evidence. The reduction of his disability rating from 40 percent to 20 percent was not proper, and he must be scheduled for an examination to determine the current severity of his condition.

The Board has remanded the case due to inadequate examination for assessing the severity of the Veteran's lumbosacral strain and radiculopathy. The Veteran is seeking increased ratings for his service-connected conditions.

The Board has determined that the Veteran's lumbar spine, left and right lower extremity radiculopathy, and obstructive sleep apnea disabilities require further examination to determine their current severity. The TDIU claim is also remanded due to its inextricable link with the other claims.

The Veteran's appeal is remanded for additional examinations and evaluations to determine the current severity of his service-connected conditions, including OSA, ED, hair replacement, eye disability, shin splints, shoulder disabilities, and PTSD. The Veteran also has pending claims for service connection for these conditions.

The Board has denied service connection for post-traumatic stress disorder, lumbosacral strain, hearing loss, sleep apnea, insomnia, right foot disorder (pes planus), left foot disorder (pes planus), vision disability, right knee disorder, left knee disorder, migraine headaches, and skin disorder.,The Board found no evidence of a chronic lumbar disorder that began during service or is otherwise related to an in-service injury or disease.

The Board granted effective dates of July 16, 2008 for separate ratings for right and left lower extremity radiculopathy due to an increase in the Veteran's service-connected back disability.

The Board has decided to remand the cases for further development and an opinion regarding the service connection of sleep apnea and hypertension. Sleep apnea is related to Agent Orange exposure, while hypertension may be due to in-service herbicide exposure.

The Veteran's appeal for service connection for PTSD has been dismissed as he withdrew his appeal.,Service connection for left ear hearing loss is granted based on new evidence submitted after the May 2008 denial.,Service connection for OSA and hypertension are remanded due to insufficient medical opinions regarding their onset in service.,The Veteran's claim for an initial rating in excess of 30 percent from July 8, 2009 to March 26, 2012, and in excess of 50 percent as of March 27, 2012, for anxiety disorder NOS is remanded due to insufficient medical opinions regarding the severity of his condition.,Service connection for a heart condition is remanded due to its potential impact on the hypertension claim.

The Board dismissed the Veteran's appeal for service connection of left knee disability. The claims for nose trauma residuals, PTSD with anxiety and depression, sleep disorder (other than sleep apnea), TBI, and headaches were all granted.

The Board has decided to remand the case due to inadequate medical opinions and evidence not being addressed in the previous decision. The Veteran's sleep apnea is now under review with a new examination.

The Board has remanded the Veteran's claims for gastrointestinal disorder, right shoulder impingement syndrome, sleep apnea (claimed as a breathing disorder), and psychiatric disorder due to new evidence and exposure to burn pits in Iraq.

The Veteran's bilateral hearing loss and tinnitus are found to be related to his in-service acoustic trauma, meeting the criteria for service connection.,Service connection is granted for OSA secondary to PTSD and headaches secondary to PTSD.