Sleep apnea decisions — 2020

The Board has remanded the claims for service connection due to insufficient evidence regarding the nature and etiology of the Veteran's psychiatric disability and sleep disorder. The Veteran was not diagnosed with a mental health condition at his most recent VA examinations, but there is conflicting medical opinion. A new examination by a psychiatrist is needed to determine if these conditions are related to service.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected sarcoidosis. The VA needs to obtain an additional opinion from a qualified examiner.

The Board has granted a separate 10 percent rating for left ankle instability and remanded the issues of service connection for sleep apnea and increased rating for left ankle sprain.

The Board has determined that the VA examiners' opinions regarding the Veteran's bilateral pes planus, pseudofolliculitis barbae, and sleep disorder (OSA) are inadequate. Therefore, these claims must be remanded for further development.

The Board has reopened the Veteran's claims for service connection for obstructive sleep apnea, left knee condition, and low back condition due to new and material evidence. The appeals are remanded as there is insufficient medical examination to determine if these conditions are related to service.

The Veteran's claim for service connection for sleep apnea is denied as there is no competent and probative evidence indicating that the condition may be associated with his military service.

The Veteran's request for a rating in excess of 10 percent for right wrist disability and a separate disability rating for bowel incontinence associated with her service-connected back disability are both denied.

The Veteran's service-connected back disability, left and right lower extremity radiculopathy, and dermatitis of the soles of both feet rendered him unable to secure or follow a substantially gainful occupation for the appeal period stemming from his June 4, 2010 claim to August 15, 2014.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for myocardial infarction and residuals thereof is denied because there was no failure to diagnose or treat a preexisting condition, and the Veteran did not suffer additional disability as a result of VA hospital care, medical or surgical treatment, or examination prior to his right hip replacement in November 2005. The claim for service connection for sleep apnea is remanded for further development.

The Veteran's appeal is remanded for further examination and opinion regarding his left knee condition, back disability, and individual unemployability due to service-connected disabilities.

The Board has reopened the Veteran's claim for service connection for sleep apnea, but has determined that additional development is needed to determine whether his sleep apnea is secondary to his service-connected disabilities. The case will be remanded for an addendum opinion from a VA examiner.

The Veteran's right knee disability and lumbosacral strain with lumbar spine degenerative disc disease are rated at 20 percent each, resulting in a combined rating of 40 percent. The decision grants the ratings for these conditions.

The Board has decided that the Veteran's sleep apnea should be remanded for further examination and opinion regarding its onset in service, etiology, relationship to a service-connected disability, and any incremental increase in disability.

The Board denied the Veteran's claims for service connection for sleep apnea and increased ratings for his posttraumatic right knee disability and right knee lateral instability, finding that there was no evidence linking these conditions to service or service-connected disabilities.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to inadequate medical opinion and a need for further development.

The Board denied the Veteran's claims for service connection for chronic fatigue syndrome and an undiagnosed illness, finding that his symptoms were attributable to other conditions such as hypothyroidism, sleep apnea, diabetes, and obesity.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a direct relationship between his current condition and active service or herbicide exposure. The Board also found insufficient evidence linking his sleep apnea to his service-connected PTSD.

The Veteran's petition to reopen his claims of entitlement to service connection for an acquired psychiatric disorder, including schizoaffective disorder, PTSD and dysthymic disorder; chronic sinusitis residual to maxillary nasal polyps; obstructive sleep apnea; migraine headaches; and vertigo were granted. The criteria for these conditions are met.

The Veteran's left nose scar is rated at 30 percent, and his lumbosacral spine strain remains at a 10 percent rating. The decision on the increased rating for lumbosacral spine strain was denied.

The Board has determined that the Veteran's sleep apnea had its onset during active service and grants service connection for this condition.