Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for service connection for tinnitus and obstructive sleep apnea due to outstanding private treatment records that need to be obtained.

The Veteran's claim for an increased rating for her service-connected lumbar spine disability was granted, with a 20 percent rating effective September 12, 2016.,Service connection for radiculopathy of the bilateral lower extremities associated with lumbosacral spondylosis was also granted, each rated as 10 percent disabling, effective September 12, 2016. The Veteran's claim for a higher rating for her lumbar spine disability is denied.,The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was remanded.

The Board has remanded the Veteran's claims for service connection for various conditions, including hypertension, parasitic bowel disease (now claimed as IBS), and several musculoskeletal issues. The appeals are pending due to insufficient evidence or lack of a nexus between the conditions and service.

The Board has remanded several claims for further development, including obtaining updated VA examinations and opinions to address the etiology of various conditions. The Veteran's service connection claims are not related to exposure to herbicide agents or the PACT Act.

The Board has dismissed the appeal for a higher rating for low back strain. The claim of service connection for right shoulder disability, sleep apnea, and erectile dysfunction secondary to PTSD is remanded due to new evidence received since the April 2009 denial.

The Board has granted service connection for OSA and MDD, finding that both conditions are secondary to the Veteran's service-connected disabilities. The issues of service connection for headaches and hypertension have been remanded.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and a skin disorder due to insufficient medical evidence on file. The VA is required to obtain updated VA treatment records, conduct addendum opinions regarding the etiology of the Veteran's conditions, and schedule him for a VA examination.

The Board has denied the Veteran's claims for service connection for right ankle disability, left ankle disability, bilateral pes planus, and sleep apnea due to lack of evidence showing these conditions were incurred in or aggravated by service.

The Veteran's right index finger scar is granted a separate 10 percent rating, but no higher.,The Veteran’s bilateral great toe scars do not meet the criteria for a compensable evaluation.

The Board denied service connection for sleep apnea as the evidence did not show a relationship between the current condition and active duty service.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation since March 18, 2011. Effective date of TDIU is granted as of that date.

The Veteran's left lumbar radiculopathy is granted with a rating of 20 percent. The Veteran's lumbar spine disability, GERD, right hand carpal tunnel syndrome, thyroid problems, and diabetes mellitus are denied. Service connection for right lumbar radiculopathy is granted.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence indicating that his service-connected disabilities have worsened since the last VA examinations. The Veteran will be scheduled for a new examination to determine the current severity of his back, left knee, prostate cancer, and left eye disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during active service and are related to his current diagnosis.

The Board has decided that the Veteran's sleep apnea is not related to his service-connected asthma and rhinitis, but remanded for further examination and opinion.

The Board denied the Veteran's claim for service connection for lumbosacral spine disability, finding that there was no evidence of a disease or injury in service and insufficient medical opinion to link his current condition to service.

The Veteran's service connection claim for obstructive sleep apnea is granted, with the effective date being the day following his separation from active service.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is proximately due to or aggravated by his service-connected disabilities, including hypertension.

The Veteran's claim of service connection for sleep disorder, to include as secondary to his service-connected major depression, is being remanded due to the need for clarification on whether he has a separate current sleep disorder and if so, whether it is related to his major depression.

The Board has decided that the Veteran's service connection claim for sleep apnea, to include as secondary to hypertension, is remanded due to insufficient medical opinion regarding the onset and causation of his condition.