Sleep apnea decisions — 2020

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that her current diagnosis had its onset during her military service and resolving all doubt in her favor.

The Veteran's lumbosacral strain is rated at 40 percent, effective December 18, 2019. The claim for a higher rating prior to this date remains denied.

The Board has remanded the case due to insufficient compliance with previous directives regarding the Veteran's sleep disorder claim, specifically addressing his reports of drowsiness and inattentiveness during service.

The Board has remanded the case due to deficiencies in a prior VA medical opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected major depressive disorder and PTSD.

The Board has decided to remand the case due to inadequate medical opinions and the need for further development regarding the Veteran's obstructive sleep apnea.

The Board denied service connection for a respiratory disability to include tuberculosis, a circulatory disability to include deep vein thrombosis, diabetes mellitus, type II, a sleep disability to include sleep apnea and sleep deprivation, and hypertensive vascular disease (claimed as high blood pressure).,The Board found that the Veteran does not have current diagnoses of these conditions. The evidence did not support a causal relationship between any of these disabilities and service.,The Board also noted that the Veteran had positive skin tests for tuberculosis during service but no active disease was diagnosed.

The Board has remanded the case due to inadequate examination and because of new evidence submitted by the Veteran. The examiner is required to address whether sleep apnea is related to service, including in-service weight gain, and whether it is proximately caused or aggravated by service-connected conditions.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent medical evidence supporting a link between his current diagnosis and his military service. The Veteran's lay statements regarding environmental exposures during service were not given significant weight due to their lack of credibility compared to the VA medical opinion.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's lumbar spine disorder is secondary to his service-connected right knee disability. The VA examiner failed to consider the Veteran's contentions about an altered gait and falling, which could cause or aggravate his back issues.

The Board has remanded the Veteran's claims for service connection for various hand, wrist, hip, and sleep apnea disorders due to inadequate medical opinions regarding the etiology of these conditions.

The Board has remanded the service connection claims for obstructive sleep apnea, hypertension, erectile dysfunction, and diabetes mellitus as secondary to a service-connected status post thyroidectomy due to lack of examination.

The Board has remanded the Veteran's claims for a disability rating in excess of 40 percent for service-connected lumbosacral strain and for a separate evaluation for neurological manifestations associated with lumbosacral strain due to additional development being required.

The Veteran's service connection claim for unspecified neurocognitive disorder is granted. The Board also finds that the Veteran's sleep apnea disability should be remanded due to missing relevant federal and private records.

The Board has remanded the Veteran's claims for diabetes mellitus, GERD, cholecystectomy, sleep apnea, ulcerative colitis status post colon removal, and migraine headaches due to incomplete evidence. The RO is instructed to obtain additional VA treatment records, identify any outstanding private medical records, and request addendum opinions from a VA examiner regarding the Veteran's service connection claims.

The Veteran's service-connected disabilities, including PTSD and degenerative joint disease of the lumbosacral spine, have rendered him unable to secure or follow a substantially gainful occupation since January 22, 2016.

The Board has remanded the claims for service connection for a low back condition and bilateral foot disorder due to outstanding private medical records that need to be obtained.

The Board has granted service connection for hypertension and obstructive sleep apnea as secondary to a service-connected psychiatric disorder. Service connection was denied for other conditions including right ankle, neck, balance, vascular, and restless leg syndromes.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.,The Veteran's claim for service connection for dizziness (secondary to migraines) is denied as there is no current diagnosis of a separate dizziness condition.

The Board has decided to remand the case due to insufficient rationale in the medical examination for the Veteran's claims regarding stress and exposure to Trichlorotrifluoroethane. The examiner must provide a clear opinion on whether these factors are causative of sleep apnea.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to insufficient evidence in the record.