Sleep apnea decisions — 2020

The Board has determined that there is at least equipoise evidence to support the claim of service connection for obstructive sleep apnea as secondary to the Veteran's service-connected reactive airway disease, and thus grants this claim.

The Board has decided to remand the case due to incomplete review of articles submitted by the Veteran, and a new addendum opinion is needed from the VA examiner.

The Board has remanded the claims for service connection for bilateral hearing loss, sleep apnea, hypertension, and nephrosclerosis due to incomplete development of records and need for additional medical opinions.

The Board has denied the Veteran's claim of service connection for obstructive sleep apnea, finding that there is no evidence to support a link between her current disability and active duty service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his military service or any service-connected conditions.

The Board has decided to remand the case due to the need for additional development, including obtaining records related to a September 2018 rear-end accident and physical therapy. The Veteran's claim for an increased rating for his lumbar spine disability is being returned to the agency of original jurisdiction (AOJ) for further action.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for residuals of a left ankle fracture and service connection for sleep apnea due to incomplete evaluations.

The Board has remanded the case due to an inadequate addendum opinion regarding whether the Veteran's sleep apnea is proximately due to or aggravated by his service-connected sinus condition.

The Veteran's hypertension claim is denied. The claims for service connection of migraine headaches and sleep apnea are remanded.

The Board has remanded the cases due to the need for medical nexus opinions addressing the etiology/etiologies of the Veteran's obstructive sleep apnea and hypertension under various theories of entitlement.

The Board has remanded the claims for left and right lower extremity intervertebral disc syndrome, as well as the claim for a rating in excess of 40 percent prior to June 1, 2009, and; in excess of 60 percent from that date to September 11, 2019, for degenerative joint disease of the lumbosacral spine with herniated nucleus pulposus. The TDIU claim is also remanded.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back disability is related to his service, specifically a helicopter crash in 1962.

The Veteran's claim for a higher disability rating for his service-connected postoperative residuals of intervertebral disc syndrome (IVDS) of the lumbosacral spine is remanded due to conflicting examination results. Another VA examination is needed to determine the current severity and nature of his condition.

The Veteran's service-connected lumbosacral strain and degenerative arthritis of the spine do not meet the criteria for a higher evaluation than 10 percent.

The Board has remanded the claims of service connection for sleep apnea and diabetes mellitus, as well as the claim for TDIU due to the need for additional development and readjudication.

The Board has denied service connection for sleep apnea as secondary to PTSD and remanded the issues of service connection for erectile dysfunction as secondary to PTSD and TDIU.

The Veteran's claim for service connection for an acquired psychiatric condition including PTSD, depression, anxiety, and sleep disorder was granted in a May 2019 rating decision. The claims for inflammation of the joints, chronic fatigue syndrome, anemia, elevated white cell blood count (WCB) and chronic blood disorder, lymphedema, postsurgical hypothyroidism, residuals of radiation exposure, sleep apnea, low back disability, bilateral hip disability, and bilateral knee pain are all remanded.

The Board denied service connection for obstructive sleep apnea (OSA) as the evidence did not show it was incurred or aggravated by military service, and the Veteran's current OSA pre-existed his third period of active duty.

The Veteran's service-connected disabilities, including PTSD, gastrocnemius/soleus complex problems, subtalar disorder, and sleep apnea, render him unable to secure or maintain substantially gainful employment.

The Veteran's claim for a higher rating for PTSD was granted, effective August 20, 2014. However, the claims for earlier effective dates and increased ratings were dismissed.,SMC at housebound rate is denied as the Veteran does not meet the criteria with his current service-connected disabilities.