Sleep apnea decisions — 2020

The Board has granted service connection for lumbosacral spondylosis and degenerative disc disease (back disability) as well as right leg disability. The decision is based on the Veteran's credible statements of continuous back and right leg pain since service.

The Board denied service connection for sleep apnea and peripheral neuropathy of both feet, finding no evidence to support a causal link between these conditions and the Veteran's military service.

The Board has remanded the cases for further development and readjudication due to procedural issues, including failure to issue a supplemental statement of the case (SSOC).

The Board has determined that the Veteran's sleep apnea symptoms began during service and have continued since then, granting service connection for this condition.

The Board dismissed the appeals for initial evaluations in excess of 20 percent and 30 percent for scars, service connection for obstructive sleep apnea (OSA), and service connection for lumbar spine disorder due to the death of the appellant.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.

The Board has remanded the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's OSA is related to his service-connected psychiatric disorder or if it was aggravated by it.

The Board has remanded the claims for service connection for sleep apnea, hypertension, and loss of balance due to issues with the examination and opinion provided. The AOJ is instructed to refer the issue of service connection for sleep apnea secondary to a service-connected psychiatric disability (or any other service-connected disability) for an addendum medical opinion.

The Board's May 18, 2020 decision denying service connection for sleep apnea was vacated due to the Veteran not being given a chance to appeal under the AMA Review System.

The Board has remanded the Veteran's claims for obstructive sleep apnea and chronic headaches as secondary to his service-connected acquired psychiatric disorder due to the need for additional development.

The Board has remanded the claims for service connection for diabetes mellitus Type II, erectile dysfunction, hypertension, neuropathy of the bilateral lower extremities, and sleep apnea as secondary to diabetes mellitus Type II. The Veteran's service aboard the U.S.S. Saratoga is being verified to determine if he was exposed to herbicide agents during his service.

The Veteran's fatigue is rated at 10 percent and the Board has determined that a higher rating is not warranted.,Service connection for sleep apnea, claimed as sleep disturbance, dizziness, and muscle movement disorder in the eyes are all remanded due to insufficient evidence or lack of proper nexus opinions.,The Veteran's memory loss was granted an increased rating to 30 percent.

The Board denied service connection for obstructive sleep apnea, COPD and bronchitis as there was no evidence of in-service incurrence or aggravation of a disease or injury.,There is no current diagnosis for either COPD or bronchitis.

The Veteran's claim for a higher rating for his service-connected DJD of the lumbosacral spine has been granted, with a final effective date of August 17, 2020. Additionally, an initial rating of 10 percent for residuals of a right fourth metacarpal fracture has also been granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his active duty service or a service-connected disability. The Board also found insufficient evidence to support secondary service connection of sleep apnea to his major depressive disorder.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to his service-connected bilateral knee disability.

The Board has denied the Veteran's claims for service connection for sleep apnea and a kidney disability, including kidney stones and cysts. The Board found that there is no evidence linking these conditions to in-service exposure to acetylene tetrachloride or any other toxin.

The Board has remanded the claims for bilateral hearing loss, obstructive sleep apnea, and scleroderma due to insufficient evidence. The Veteran's service connection claim for these conditions is being reviewed again.

The Veteran's OSA was not incurred in service and the preponderance of evidence is against a finding that it is related to his service. The stomach disability has also not been shown to be related to service.,Service connection for a stomach disability, including as secondary to OSA, is denied because there is no service-connected condition from which the stomach disability could be considered secondary. Service connection for a respiratory disorder (including asthma) is remanded due to incomplete development of exposure history and need for an opinion on etiology.