Sleep apnea decisions — 2020

The Board has dismissed all service connection claims due to the Veteran's death.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no direct evidence linking his current condition to his military service. The Board also found insufficient evidence to support a secondary service connection based on tinnitus and deviated nasal septum.

The Board has remanded the claims for service connection and SMC based on housebound due to issues with VA examinations, exposure basis clarification, additional development of records, and income/net worth information. The claims are inextricably intertwined.

The Board has granted service connection for erectile dysfunction (ED) as secondary to service-connected bipolar disorder. The claims for sleep apnea and gastrointestinal disability, including GERD, are remanded due to the need for additional medical opinions considering the effects of psychiatric medications.

The Veteran's claim for service connection for chronic fatigue syndrome is denied as there is no current diagnosis of the condition. The effective date for the award of service connection for IBS is denied as no new and material evidence was submitted within one year of the May 2011 denial.,The Veteran's claims for sleep apnea, depression, fibromyalgia, and a higher rating for IBS are remanded due to insufficient medical opinions. The TDIU claim is also remanded in conjunction with these issues.,The Veteran's claim for service connection for OSA is remanded as the current VA examination opinions do not address causation or aggravation by his service-connected headaches. The claims for depression and fibromyalgia are also remanded due to insufficient medical opinions addressing causation or aggravation by his service-connected headaches.,The Veteran's claim for a higher rating for IBS is remanded as the current VA examination did not address the severity of his condition since March 2016. The claim for a compensable rating for lattice degeneration is also remanded due to insufficient medical opinions.,The Veteran's TDIU claim is remanded in conjunction with the increased ratings for IBS and lattice degeneration.

The Veteran's appeal for an initial rating in excess of 50 percent for PTSD was denied. The Board found that the severity, frequency, and duration of his symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas, resulting in a finding that he does not meet the criteria for a higher disability rating.

The Board has decided to remand the case due to issues with the July 2019 decision, including failing to consider whether the Veteran was entitled to a reduced evidentiary burden for combat veterans and not addressing the adequacy of the December 2016 VA examination. The examiner is asked to provide an addendum opinion regarding the relationship between OSA and service-connected disabilities.

The Veteran's disability ratings for lumbosacral spine strain with DDD and associated left leg radiculopathy were properly reduced from 40% to 20% and 20% to 0%, respectively, effective April 1, 2014.

The Veteran's claims for peptic ulcers and right foot injury have been reopened due to the submission of new evidence. The left hip condition, headaches, sleep apnea, and hypertension are all denied as there is no established service connection.,Issues related to peptic ulcers, right foot injury, left hip condition, headaches, and sleep apnea remain pending and will be remanded for further review.

The Board has ordered a remand due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and its relationship to service-connected conditions. The Veteran will need additional VA examinations to address these issues.

The Veteran's appeals for service connection for COPD, basal cell skin carcinoma, sleep apnea, and a compensable rating for bilateral hearing loss have been dismissed due to the Veteran's request to withdraw his appeals.

The Board has granted the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea and denied his claim for service connection for a right eye disorder. The Board found that there is sufficient evidence to support the grant of service connection for sleep apnea, but not for the right eye disorder.

The Board has remanded the Veteran's claims of service connection for sleep apnea and chronic heartburn due to insufficient examination findings. The Veteran is required to undergo a new examination, including a polysomnogram if deemed necessary.

The Board has remanded multiple issues for further development, including service connection claims and rating determinations. The Veteran's claims are being returned to the AOJ for additional development.

The Veteran's bilateral hearing loss is rated as noncompensable, with an average decibel loss of 46 in both ears.,Service connection for thoracolumbar arthritis and sleep apnea are denied due to lack of evidence linking these conditions to service.

The Veteran's headaches are service-connected due to an undiagnosed illness during his Southwest Asia service. However, the Veteran's pulmonary disability (asthma), sleep apnea, hypertension, and diabetes mellitus type II are not service-connected.

The Veteran's claims for higher PTSD rating, service connection for lumbosacral spine disorder, and neurological disorders in the lower extremities are remanded due to need for additional medical examination.

The Veteran's lumbosacral strain disability was rated at 10 percent from December 3, 2015 to December 25, 2019. The Board found that the evidence did not support a higher rating during this period.

The Board has dismissed the appeals for increased disability ratings for bilateral knee strain and lumbosacral strain as they are no longer part of the legacy appeal system, which was replaced by the Appeals Modernization Act (AMA).

The Board denied service connection for sleep apnea, cold injury residuals of the bilateral hands, cold injury residuals of the left and right lower extremities, and hypertension as there was no evidence linking these conditions to service.