Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for service connection due to incomplete records and further development is required.

The Board has granted service connection for cognitive impairment and memory loss, OSA, headaches, IBS, asthma, and dyshidrotic eczema as secondary to the Veteran's service-connected disabilities. The appeals related to cervical/thoracic spine disorder, hypertension, dizziness/vertigo, eustachian tube dysfunction, left knee disorder, radiculopathy of the bilateral lower extremities associated with the lumbar spine disability, a rating in excess of 10 percent for residuals of a nerve injury in the right foot, and total disability rating for compensation based on individual unemployability prior to July 14, 2012 are REMANDED.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his active military service and are related to it.

The Veteran's claim for service connection for birth defects of his child due to exposure to herbicide agents is denied as the evidence does not show he was exposed to herbicide agents in Korea.,The Veteran's claims for service connection for OSA and HTN are remanded as there is insufficient competent medical evidence on file to make a determination.,The Veteran's claim for service connection for HTN is also remanded, but the issue of whether it is secondary to his throat cancer is not addressed in this decision.

The Board has remanded the Veteran's claims for service connection for heart disease, to include atrial fibrillation and hypertension due to potential aggravation by his service-connected PTSD. The Veteran's claims for bilateral hearing loss, tinnitus, and lymphangiosarcoma are denied.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's obstructive sleep apnea is related to service or his service-connected PTSD.

The Veteran's claim for increased ratings and service connection were denied. The rating for lumbosacral strain was granted but with a reduced percentage from July 24, 2013 onwards. Service connection for PTSD and gastrointestinal condition was also denied.

The Veteran's claims for increased ratings and earlier effective dates were dismissed. The claim for service connection for obstructive sleep apnea was granted, but the issue of SMC based on aid and attendance is still pending.

For the period from March 2, 2009 to January 10, 2018, the Veteran's service-connected psychiatric disability rendered him unable to secure or follow a substantially gainful occupation.,For the period from June 14, 2012 to January 10, 2018, the Veteran’s psychiatric disability was rated as total and his lumbosacral strain and headache disabilities were together ratable at 60 percent or more.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's sleep apnea, including whether it is aggravated by his service-connected asbestosis with COPD. The case is being remanded for further examination and review.

The Veteran's lumbosacral strain and right knee condition were granted service connection.,A 70 percent rating was assigned for the Veteran’s unspecified trauma related disorder.

The Veteran's claim for a disability rating of 20 percent for his service-connected gunshot wound to the right thigh with healed fracture to the right femur has been granted. The Board also found that he is entitled to an additional 40 percent rating under Diagnostic Code 5317 for muscle Group XVII, which involves the gluteus maximus, medius, and minimus muscles due to his service-connected gunshot wound. However, the Veteran's claim for service connection for sleep apnea secondary to obesity due to PTSD and his service-connected gunshot wound has been denied.

The Board has remanded the case due to inadequate medical opinions and the need for verification of herbicide exposure in Iraq. The Veteran's sleep apnea claim is being returned for further development.

The Board has determined that there is insufficient evidence to determine whether the Veteran's respiratory disabilities, including obstructive sleep apnea and asthma, are related to service exposure. The case is being remanded for further development.

The Board has dismissed the appeals for service connection of hypertension and sleep apnea as these conditions have been fully granted with appropriate disability ratings and effective dates.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there was no evidence to support an etiological relationship between his current condition and active service.

The Board has remanded the Veteran's claims for bilateral hearing loss, back disability, right knee disability, and sleep apnea due to inadequate examination opinions and failure to address all relevant evidence.

The Veteran's service connection for left eye cataracts, liver disease, pityriasis rosacea, left knee osteoarthritis, right and left lower extremity peripheral neuropathy, and hypertension has been restored or reopened based on new evidence.

The Board has determined that the Veteran's sleep apnea disability is a result of his military service and grants this claim.

The Board has decided that an examination is needed to determine the nature and etiology of the Veteran's recurrent sleep disorder, including obstructive sleep apnea. The decision also notes that there are no service connection issues related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War.