Sleep apnea decisions — 2020

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected carcinoma of the larynx. The TDIU claim from March 1, 2018 is remanded.

The Veteran's peptic ulcer is rated at the maximum allowable under current criteria, and no higher rating can be granted.,Service connection for bilateral hearing loss cannot be established as there is no evidence of hearing loss in either ear during service or within one year post-service.,Obstructive sleep apnea was not incurred in service. The Veteran's current diagnosis predates his military service by several decades.,Service connection for carpal tunnel syndrome of the right upper extremity cannot be established as there is no evidence linking it to service.,Service connection for carpal tunnel syndrome of the left upper extremity also cannot be established due to lack of in-service evidence.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder. The medical opinion provided did not support a link between OSA and PTSD.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no direct or secondary relationship to his military service. The opinion provided by a VA examiner concluded that OSA was not caused by PTSD and did not aggravate it.

Service connection for vestibular disorder is dismissed.,Service connection for post-traumatic stress disorder (PTSD) due to military sexual trauma is granted, and service connection for obstructive sleep apnea as secondary to PTSD is also granted.

The Board has remanded the cases due to inadequate examinations and requests for updated evaluations of the Veteran's cervical and lumbosacral spine disabilities.

The Veteran's claim for service connection for a back disability, variously diagnosed as scoliosis, chronic mechanical low back syndrome, lumbosacral spondylosis, lumbar facet arthropathy, and lumbosacral disc degeneration is granted. The RO will remand the remaining issues.

The Board has determined that the Veteran's current sleep disorder, including sleep apnea, did not have its onset during his period of active service or a period of ACDUTRA and is unrelated to service. The claim for service connection is denied.

The Board has determined that the Veteran's claim for an effective date earlier than October 5, 2012 for the grant of service connection for lumbosacral strain with contusion and degenerative arthritis (lumbar strain) is denied. The case is remanded for further development regarding the Veteran's disability rating claims.

The Board has remanded the Veteran's claims for service connection due to new evidence received since the July 2016 supplemental statement of the case. The appeal is now pending again, and a VA examination is required to address the etiology of his bilateral foot and knee disorders, sleep apnea, and seizure disorder based on presumed exposure to herbicides.

The Board has granted service connection for sleep apnea, finding that the Veteran's in-service ENT conditions are related to his current condition. The Board also found that the Veteran's OSA began during service and is related to his service-connected sinusitis.

The Board has denied a rating greater than 40 percent for lumbosacral strain with posterior disc bulge and remanded the issue of an increased rating for right lower extremity radiculopathy. The claim remains in appellate status.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected GERD.

The Veteran's claims for increased ratings for his lumbosacral degenerative disc disease, right lower extremity radiculopathy, and right knee strain are being remanded due to the need for additional medical examinations and consideration of outstanding private treatment records.

The Board has remanded the cases of GERD and sleep apnea for additional development, as well as the right ankle disability rating issue. The Veteran's attorney submitted articles suggesting that GERD may be related to mental health conditions and stressful life events, while another article indicated that sleep disordered breathing was common with TBI.

The Veteran's claim for service connection for sleep apnea was denied as there is no evidence of a nexus between his current condition and active duty service.

The Board has remanded the claims for obstructive sleep apnea, right hand disability, and left hand disability. The service connection for left shoulder strain and right shoulder strain remains denied.

The Board denied service connection for COPD, sleep apnea, and lumbar spine disability as the evidence did not support a link to service or any exposure thereto.

The Board denied the Veteran's claims for service connection for sleep apnea and a bilateral hand condition, finding no evidence of a link between these conditions and his military service or exposure to herbicide agents.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and was not caused or aggravated by his service-connected schizoaffective disorder.