Sleep apnea decisions — 2020

The Veteran's claims for service connection for obstructive sleep apnea, hypertension, and gastrointestinal disorder are denied. The claim for an increased rating for PTSD is also denied.

The Veteran's claims for service connection for hypertension, erectile dysfunction, pancreatic disorder, left wrist disorder, and OSA are remanded due to the need for additional medical opinions regarding their relationship to his service-connected PTSD.

The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repeated use over time of his service-connected lumbosacral spine disability. The Veteran needs a supplemental opinion from the VA examiner.

The Veteran's PTSD claim is dismissed as the appeal does not involve service connection.,Service connection for degenerative arthritis of the lumbar spine is granted based on in-service back complaints and current diagnosis.

The Board has remanded the Veteran's claims for higher ratings for his thoracolumbar spine disability due to inadequate examination reports and the need for further medical opinion regarding functional loss during flare-ups.

The Veteran's appeal is being remanded for additional development, including obtaining a retrospective opinion regarding the severity of his lumbosacral strain from February 26, 2010 to April 10, 2016. The TDIU claim is also inextricably intertwined with the rating claim and requires the Veteran to submit a VA Form 21-8940.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 1, 2013. The decision found that the Veteran was gainfully employed and engaged in marginal employment due to her service-connected disabilities.

The Board has denied service connection for all claimed disabilities, including bilateral hearing loss, right eye retina disability, GERD, constipation, COPD, sleep apnea, heart disability, hypertension, benign prostatic hypertrophy, and erectile dysfunction, as they are not shown to be related to military service or herbicide exposure.

The Board denied an earlier effective date for the award of service connection for obstructive sleep apnea, finding no new and material evidence to support a reopening of the claim prior to April 4, 2011.

The Board has decided to remand the Veteran's claim for obstructive sleep apnea, including as secondary to service-connected traumatic brain injury (TBI), due to inadequate opinions in the March 2019 VA examination.

The Board has remanded the cases due to inadequate development and need for additional medical opinions regarding the etiology of the Veteran's sleep apnea and hypertension.

The petition to reopen the claims for service connection for obstructive sleep apnea and left thumb disorder is granted. The petition to reopen the claim for a rating increase for insomnia disorder is remanded.

The Veteran's mood disorder with depressive features is granted as secondary to his service-connected right ankle sprain and post-surgical procedure residuals. The other issues are remanded for further examination and opinion.

The Board denied service connection for sleep apnea and granted a separate rating of 20 percent for right knee semilunar dislocated cartilage with frequent episodes of 'locking', pain, and effusion into the joint. The Veteran's other claims were not addressed due to lack of evidence.

The Board has denied a rating in excess of 50 percent for PTSD and has remanded the remaining issues including increased ratings for lumbosacral strain, degenerative disc disease, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and TDIU.

The Veteran's appeals for service connection for thrombocytopenia and lumbosacral strain were dismissed due to his death.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that the most probative evidence supports that the Veteran’s sleep apnea is not related to service or caused by his service-connected PTSD.

The Board has remanded the case for additional development due to outstanding private treatment records and a need for retrospective medical opinions regarding previous VA examinations.

The Board dismissed the appeal regarding whether the Veteran's Statement in Support of Claim, received May 30, 2015, is a valid Notice of Disagreement (NOD) because it found that new and material evidence was submitted within one year of the March 2015 rating decision. The issue is moot as the March 2015 rating decision did not become final.

The Veteran's asthma was granted an increased rating to 30 percent, but no higher. Service connection for OSA and GERD were denied. The issue of service connection for fibromyalgia is remanded.