Sleep apnea decisions — 2020

The Veteran was granted a 50% evaluation for service-connected obstructive sleep apnea effective February 21, 2013. The decision found that the earlier date of entitlement was February 21, 2013.

The Board has granted service connection for headaches and sleep apnea, finding that the Veteran's symptoms began during his military service.

The Board has decided to remand the claims for respiratory disability, sleep apnea, and TDIU due to inadequate examination findings. New opinions are needed regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for Obstructive Sleep Apnea and Bilateral Hearing Loss due to conflicting medical opinions and need for additional evidence.

The Board has granted the Veteran's claim for entitlement to service connection for sleep apnea, secondary to his already service-connected PTSD. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for sleep apnea, low back condition, cervical spine condition, bilateral hearing loss, tinnitus, right wrist condition, left wrist condition, right knee condition, and left knee condition due to additional development of evidence.

The Board has determined that there is no evidence of a current respiratory disorder, obstructive sleep apnea, sinusitis, nerve condition, or headaches related to service. The Veteran's prostate cancer and hypertension are also not linked to his exposure to mustard gas, herbicide agents, or other chemicals.

The Veteran withdrew all claims/appeals in his case, including the service connection for sleep apnea and TDIU prior to May 4, 2014.

The Board has decided that the Veteran does not have a current diagnosis of sleep apnea and must reconsider his claim for service connection for headache disorder. The reduction in rating for bilateral hearing loss is void ab initio due to lack of proper procedural steps, and an effective date prior to July 31, 2017 for the grant of service connection for bilateral hearing loss has been granted.

The Board has determined that remand is necessary for several claims, including service connection and rating issues related to the Veteran's right ilioinguinal neuralgia, osteoarthritis, GERD, acquired psychiatric disability other than PTSD, and sleep apnea. The effective dates of any potential awards are also in question.

The Veteran's cervical spine disability is granted as service-connected.,Service connection for sleep apnea is denied.,Service connection for kidney cancer is denied.,Service connection for head scar is denied.,Major depressive disorder is granted as service-connected.

The Board has remanded the cases of entitlement to a rating in excess of 20 percent for degenerative disc disease with cervical strain and entitlement to service connection for lumbosacral strain due to lack of VA treatment records from 1993 to present, and inadequate opinions regarding the etiology of the Veteran's lumbar spine disability.

The claim for a higher rating than 10 percent for lumbosacral disc disease with left leg sciatica is denied. The claims for service connection for sleep apnea and TDIU are remanded.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether it arose during active service. The claim was decided on a direct basis.

The Veteran withdrew his appeals for service connection for melanoma cancer and sleep apnea, leading to their dismissal.

The Board has remanded the claims of service connection for hypertension and sleep apnea due to lack of substantial compliance with previous remand directives. The hypertension claim is being remanded because it may be related to PTSD, while the sleep apnea claim requires a new opinion as the current one was inadequate.

The Veteran's DMII and hypertension are rated based on their current severity. The Board has not found evidence supporting higher ratings for these conditions prior to July 28, 2018, or thereafter. The Veteran’s OSA and back disorder have been remanded for further examination and opinion.

The Board has granted service connection for OSA and unspecified neurocognitive disorder as aggravated by the Veteran's service-connected anxiety disorder with depressive disorder, resolving all doubts in his favor.

The Veteran's appeal is remanded for additional development regarding his service-connected left shoulder strain, obstructive sleep apnea, major depressive disorder, gastroesophageal reflux disease (GERD) and hiatal hernia with irritable bowel syndrome (IBS), migraine headaches, and total disability rating due to individual unemployability (TDIU).,The Veteran's left shoulder strain is currently rated as 20 percent disabling. The appeal for a higher rating remains pending.

The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and active service.