Sleep apnea decisions — 2020

The Veteran's claim for a compensable rating for tonsillectomy residuals and service connection for sleep apnea as secondary to his tonsillectomy were both denied by the Board.

The Board has remanded the case due to inadequate development and the need for a Gulf War General Medical Examination regarding the Veteran's sleep disturbances, including whether her current sleep disorder is related to service or secondary to her service-connected ulcerative colitis.

The Veteran's service-connected disabilities, including PTSD rated at 50%, resulted in a combined rating of 90% from October 13, 2016 to October 13, 2017. The Board granted a TDIU rating for this period based on the severity and cumulative effect of his service-connected disabilities.

The Board denied the Veteran's claim for service connection for a sleep disability, finding that there was no evidence linking his current sleep apnea to his military service.

The Veteran's service-connected TBI has been granted a 50 percent rating, and he is also granted a separate 10 percent rating for right knee instability. The Veteran was also granted total disability based on individual unemployability (TDIU).

The Board denied the Veteran's claims for service connection for lumbosacral plexopathy with nerve damage and a bilateral foot disorder, finding that there was no direct or secondary service connection based on exposure to herbicide agents. The Board also found that the Veteran did not have early-onset peripheral neuropathy.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and private medical records.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of such conditions during or within one year after service, and the preponderance of the evidence does not support a finding that any current disabilities are related to service.

The Board has decided to remand the claim of service connection for obstructive sleep apnea, as it is related to a service-connected disability. The VA medical opinion provided was inadequate and needs to be revised.

The Board has remanded the case due to non-compliance with previous remand directives regarding the service connection for obstructive sleep apnea (OSA). The AOJ is required to obtain a VA medical opinion on the etiology of OSA, considering the Veteran's lay assertions and service treatment records.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current diagnosis and his military service.

PTSD has been granted as related to an in-service stressor.,The claim for cancer of the left pharyngeal tonsil is remanded due to lack of evidence corroborating exposure to ionizing radiation.

The Board has remanded the Veteran's claims for service connection due to a missing statement of the case (SOC) and requests for VA medical opinions.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is related to service or secondary to his service-connected PTSD and TBI.

The Board has remanded the case due to inadequate medical opinions regarding whether the appellant's sleep apnea began in service or is otherwise related to his military service. The VA must provide a new opinion addressing the appellant's reported symptoms and how they relate to his current diagnosis of sleep apnea.

The Veteran's sleep apnea is remanded for a VA examination to determine if it had its onset in service or is otherwise etiologically related to his service.

The Veteran's OSA has been granted a rating of 30 percent, but no higher, for the entire appeal period. The condition is service-connected and does not require use of a breathing assistance device.

The Veteran's effective date for Total Disability due to Individual Unemployability (TDIU) is denied because he was able to secure and follow a substantially gainful occupation prior to October 5, 2016.

The Board denied an earlier effective date for service connection of obstructive sleep apnea, finding that the presumption of regularity regarding the February 2017 notification letter has not been rebutted and concluding that there was no clear and unmistakable error in the January 2017 rating decision.