Sleep apnea decisions — 2020

The Board has remanded the claims for service connection for sleep apnea, rating in excess of 50 percent for PTSD prior to October 30, 2017, and rating in excess of 70 percent for PTSD as of October 30, 2017. Additional development is needed to obtain a medical opinion regarding the etiology of sleep apnea and whether it was aggravated by service-connected PTSD.

The Veteran's service-connected low back disability has been rated at 20 percent since July 2, 1999. The Board found that the current evidence does not support a higher rating as the Veteran still retained significant range of motion in his thoracolumbar spine.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of objective evidence. The case will be returned for further development, including additional examinations and clarifying opinions.

The Veteran's service-connected syringomyelia (spinal cord injury) is granted. The initial rating for lumbosacral strain remains at 10 percent, and the initial rating for headaches is increased to 50 percent.

The Board has found that the VA examinations for sleep apnea and hypertension were inadequate, and thus remanded these matters for further development.

The Board denied a rating in excess of 20 percent for the Veteran's lumbosacral spondylosis, finding that the evidence did not show forward flexion of less than 30 degrees or ankylosis.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful employment, as his combined disability rating is at least 70 percent but he failed to provide the necessary information for a TDIU claim.

The Board has remanded the Veteran's claims of entitlement to service connection for sleep apnea and TDIU due to a combination of service-connected disabilities. The issues are being remanded for further medical assessment, specifically regarding whether obesity (an intermediate step) caused or aggravated by his service-connected psychiatric disorder is linked to his sleep apnea.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea, pseudofolliculitis barbae (claimed as shaving profile), and lung cancer due to insufficient evidence in the record. The Veteran will need to provide additional medical records related to his claimed conditions during active service and since discharge.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. Service connection for post-traumatic arthritis is denied, and the right wrist ganglion cyst and status-post tibial stress fractures are granted with increased ratings.

The Board has granted service connection for obstructive sleep apnea and tension headaches, finding that the Veteran's PTSD aggravated these conditions. The effective dates remain pending as no specific date was determined.

The Board has remanded the Veteran's claims for a higher rating in excess of 50 percent for PTSD and for TDIU due to service-connected disabilities. The VA must obtain all outstanding VA treatment records, including those scanned into the imaging system.

The Veteran's appeal for service connection on multiple conditions has been remanded due to the need for further medical examination and opinion.,The Board is requesting additional information from VA or private healthcare providers regarding the etiology of various health issues, including sleep disorders, skin conditions, cardiovascular problems, and metabolic disorders.

The Veteran withdrew his appeal of the claim for service connection for sleep apnea before a decision was made.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected asthma and/or PTSD. The Veteran will need a new VA examination to address these issues.

The Veteran's collapsed left lung and emphysema have been granted service connection, while his sleep apnea has been denied. The issues of service connection for asthma, bronchitis, COPD, and TDIU are remanded.

The Board has remanded the claims for further examination and opinion, finding that there is insufficient evidence to establish a direct relationship between the Veteran's sleep apnea and his active service.

The Board denied service connection for tinnitus, low back disorder, right leg disorder, left leg disorder, sleep disorder (to include sleep apnea), right hip disorder, and left hip disorder. The Board found that the Veteran's current conditions did not have their onset during service or were otherwise related to service.,The Board also denied service connection for a psychiatric condition in a separate decision.

The Veteran's claim for a restored rating of 10% for his left shoulder scar is granted. The claim for service connection for sleep apnea has been reopened, and the issue remains pending. Service connection for neck disorder (cervical pseudoarthrosis and cervical spine arthritis) as secondary to left shoulder disability is granted. Service connection for cervical radiculopathy on the left side as secondary to the neck condition is also granted. The claims for service connection for hypertension and diabetes mellitus, type II are denied.

The Veteran's rating reduction for lumbar strain from 20 percent to 10 percent, effective June 1, 2017, was improper. The 20 percent rating is restored. The Veteran is seeking a disability rating greater than 20 percent for her service-connected lumbar strain and the case is remanded for an additional VA examination.