Sleep apnea decisions — 2020

The Veteran's current Obstructive Sleep Apnea and Irritable Bowel Syndrome are granted as service-connected, with the OSA resulting from an in-service nasal injury and IBS becoming manifest to a degree of at least 10 percent after service.

The Board has remanded the claims for asthma, emphysema, COPD, and sleep apnea due to asbestos exposure. The Veteran's VA physician diagnosed him with emphysema in the past, but there is no evidence of this diagnosis in the record. Additional attempts must be made to locate the 1980s chest x-ray and an additional VA opinion should be obtained to determine whether the Veteran has a current diagnosis of emphysema and if it is related to service. The issue of sleep apnea is also remanded as it may be caused or aggravated by any respiratory condition, including emphysema.

The Board denied the Veteran's claims for service connection for sleep apnea and TDIU prior to October 15, 2012. The Board found that there was no direct or secondary evidence linking the Veteran's sleep apnea to his military service or a service-connected condition.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and heart disability, finding that there is no evidence to support a direct or secondary relationship between these conditions and his military service.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for obstructive sleep apnea (OSA). The Veteran contends that his OSA is related to service, and he also argues that his service-connected PTSD, gastritis, trochanteric pain syndrome, left hip degenerative arthritis, left distal tibia, and left knee osteoarthritis contributed to his OSA. The Board finds the September 2020 medical examination inadequate.

The Veteran's service connection claims for diabetes, sleep apnea, GERD, and hypothyroidism are granted. The claim for PTSD is denied as the severity of symptoms does not meet the criteria for a higher rating.

The Board has remanded the claims for service connection due to deficiencies in a VA medical opinion. The Veteran's back disability and bilateral lower extremity post phlebitic syndrome are being reviewed again.

The Veteran's service connection for a psychiatric disability, to include PTSD, was granted. The Board found that his adjustment disorder is due to or aggravated by his service-connected disabilities and remanded the issues of sleep apnea, left shoulder disability, and back disability.

The Veteran's service-connected PTSD, bipolar disorder, and sleep apnea prevent her from obtaining or maintaining substantially gainful employment.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was insufficient evidence to link the condition to his active duty service.

The Veteran's PTSD and TDIU claims are granted. The claim for a higher rating for his lumbosacral strain is remanded.

The Veteran's appeal of the initial rating for PTSD was granted at 50 percent effective from February 3, 2010, until September 3, 2014. The appeal of service connection for PTSD in excess of 50 percent prior to February 26, 2019 is dismissed due to mootness.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction and sleep apnea due to a duty to assist error. A VA examination is required to address the nexus of these conditions to service, including any potential herbicide exposure.

The Veteran's sleep apnea is at least as likely as not related to his active duty service, and the Board has granted entitlement to service connection for this condition.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of this decision. The ratings for left and right lower extremity radiculopathy remain at 10 percent.

The Board has determined that there was clear and unmistakable error (CUE) in the May 2013 rating decision, which assigned separate disability ratings for chronic bronchitis and OSA. As a result, the Veteran's combined disability rating from 70% to 60% is restored.

The Veteran's claims for increased ratings of PTSD and bilateral foot disability, as well as service connection for various conditions, were denied. The Board found that the evidence did not support a higher rating for PTSD or bilateral foot disability.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected disabilities of major depressive disorder, asthma and gastro-esophageal reflux disease.

The Veteran's claim for a higher rating for his painful surgical scar of the right groin, residual inguinal hernia repair is denied.,The Veteran's claim for a compensable disability rating for his right groin, residual inguinal hernia repair is denied.,The Veteran's TDIU claim is granted.,The Veteran's service connection claim for OSA is remanded.,The Veteran's separate rating claim for chronic pain syndrome is remanded.

The Veteran's sleep apnea is found to have begun during his active duty service and the Board grants service connection for this condition.