Sleep apnea decisions — 2020

The Board has determined that the VA examination was inadequate and remands the case for a new examination to assess whether the Veteran's OSA is causally connected to his service. The claim will be returned to the AOJ for readjudication.

The Veteran's lumbar spine disability is rated at 40 percent from May 6, 2019. The rating was granted as the condition met the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it is not secondary to his service-connected deviated septum and does not have a causal relationship with his in-service injury.

The Veteran's claims for earlier effective dates for service connection of depressive disorder and sleep apnea were denied as there was no evidence of a timely claim prior to July 29, 2019.

The Board has remanded the Veteran's claims of service connection for diabetes mellitus, type 2 and sleep apnea due to duty-to-assist errors. The Veteran needs additional VA medical opinions regarding whether his service-connected lumbar spine disability caused or aggravated these conditions.

The Veteran's sleep apnea and PTSD have been granted service connection, with the sleep apnea being granted on a direct basis. The Veteran is now rated at 100% for his PTSD.

The Board has remanded the case due to insufficient evidence regarding the Veteran's sleep apnea and tinnitus claims, specifically questioning the adequacy of the VA examiner's opinion and the potential impact of delayed onset hearing loss.

The Board has remanded the claims of entitlement to service connection for sleep apnea and an acquired psychiatric disorder due to new evidence received after final decisions. The Veteran's symptoms are found to be related to his military service.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's Obstructive Sleep Apnea (OSA) was proximately caused by his service-connected back disability, and thus grants service connection for OSA.

The Veteran's appeal for a higher rating for depression was denied, as his symptoms did not meet the criteria for a disability rating of 70 percent or higher.,Service connection for ischemic heart disease was also denied, with no current diagnosis found during the pendency of the claim.

The Board has granted the Veteran's claim for service connection of Obstructive Sleep Apnea (OSA) as secondary to his service-connected PTSD. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain was denied as the July 1986 rating decision became final and no new evidence or appeal was submitted within a year.

The Veteran's claims for service connection for sleep apnea and an increased rating for PTSD were denied. The Board found that the evidence did not support a finding of in-service incurrence or a nexus between the Veteran’s reported snoring during service and his current sleep apnea, nor did it find sufficient evidence to establish a link between his PTSD and any other condition.

The Veteran's sleep apnea was not incurred in active service and the Board denied his claim for service connection.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to new evidence received since the last rating decision.

The Board has remanded the case for further development, including obtaining updated VA treatment records and verifying employment dates and income. The Veteran's TDIU claim will be reassessed based on the new information.

The Board has determined that the Veteran's sleep apnea is likely to have developed during his active duty service, and thus grants service connection for this condition.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there was no direct evidence linking his current condition to his military service. The Board also found that the presumed exposure to herbicide agents in Vietnam and contaminated water at Camp Lejeune did not contribute to his obstructive sleep apnea.

The Board has denied the Veteran's claim for service connection for sleep apnea and remanded the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to April 6, 2019.

The Board has remanded the Veteran's claims for service connection due to inadequate development and compliance with previous remands. The issues include knee, shoulder, elbow, neck, and foot disabilities.