Sleep apnea decisions — 2020

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has decided to remand the case for further development and an opinion regarding whether the Veteran's sleep apnea is service connected, due to or a result of his service-connected conditions.

The claim for restoration of a 20 percent rating for a lumbar spine disorder, from April 1, 2018 onwards, is granted. The claims for service connection for headaches, acid reflux with heartburn, an acquired psychiatric disorder (to include anxiety disorder), and sleep apnea with insomnia are remanded.

The Board has decided that the Veteran's OSA is not related to his service, but a remand is needed to obtain an updated medical opinion considering new evidence.

The Board has remanded the case due to a need for a VA medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD.

The Board dismissed all the issues in this appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has remanded the claims of service connection for obstructive sleep apnea and heart disease due to new evidence received since previous decisions. The Veteran's PTSD is alleged to have aggravated his OSA and heart disease.

The Veteran's appeals for service connection for urticaria and sleep apnea syndrome have been withdrawn. The remaining issues of right foot plantar fasciitis, left foot plantar fasciitis, bilateral hearing loss disability, right knee patellofemoral syndrome, and left knee patellofemoral syndrome are being remanded for further review.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to his military service, including his reported disruptive sleeping patterns during active duty. The Board also found that the Veteran's current sleep apnea may be secondary to his service-connected PTSD. Therefore, the claim for both direct and secondary service connection for sleep apnea has been granted.

The Veteran's claims for increased ratings for PTSD and DDD of the lumbosacral spine, as well as his claim for TDIU prior to January 2, 2013, were denied. The Board found that the evidence did not show total social impairment due to PTSD or a combined range of motion greater than 120 degrees for the entire period on appeal.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected adjustment disorder with mixed anxiety and depressed mood, as well as whether it is caused or aggravated by his service-connected hypertension and erectile dysfunction.

The Board has remanded the case for further development, including obtaining an opinion on the etiology of the Veteran's OSA and whether it is proximately due to or aggravated by his service-connected psychiatric disorder.

The Veteran's appeals for increased ratings and effective dates have been dismissed as he has withdrawn his appeals.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea, as it is unclear whether his current condition is caused by or aggravated by his service-connected PTSD and/or lung cancer.

The Veteran's claim for a rating in excess of 20 percent for chronic lumbosacral strain was denied, but he received a separate compensable rating (10%) for sciatic radiculopathy of the right lower extremity since October 2, 2019.

The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) prior to March 1, 2013 is denied. The effective date for the TDIU award is set at March 1, 2013.

The Veteran's claims for service connection for hypertension and erectile dysfunction are remanded due to insufficient opinions regarding the relationship between these conditions and his military service or any related disabilities. The claim for service connection for hypogonadism is also remanded as there is conflicting evidence on whether it is secondary to diabetes mellitus.,The Veteran's claims for service connection for erectile dysfunction, hypogonadism, and obstructive sleep apnea are remanded due to insufficient opinions regarding the relationship between these conditions and his military service or any related disabilities. The claim for service connection for hypertension remains unresolved as it is not clear if he has a presumptive condition based on herbicide exposure.,The Veteran's claims for service connection for erectile dysfunction, hypogonadism, and obstructive sleep apnea are remanded due to insufficient opinions regarding the relationship between these conditions and his military service or any related disabilities. The claim for service connection for hypertension remains unresolved as it is not clear if he has a presumptive condition based on herbicide exposure.,The Veteran's claims for service connection for erectile dysfunction, hypogonadism, and obstructive sleep apnea are remanded due to insufficient opinions regarding the relationship between these conditions and his military service or any related disabilities. The claim for service connection for hypertension remains unresolved as it is not clear if he has a presumptive condition based on herbicide exposure.

The Board denied a rating higher than 20 percent for the service-connected lumbar spine disability, finding that the Veteran's disability did not meet criteria for a higher rating based on limitation of motion or ankylosis.

The Board has dismissed the Veteran's claim of service connection for a seizure disorder, secondary to his service-connected head injury. The claims for an increased rating for Head Injury and for service connection for sleep apnea are remanded due to the need for additional development.

The Veteran's hypertension was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The preponderance of the evidence is against finding that OSA began during active service or is otherwise related to an in-service injury or disease or a service-connected disability.,The preponderance of the evidence is against finding that a headache condition began in active service or is otherwise related to an in-service injury or disease or a service-connected disability.,The preponderance of the evidence is against finding that kidney stones began during active service or is otherwise related to an in-service injury or disease.