Sleep apnea decisions — 2020

The Board denied a rating in excess of 20 percent for the Veteran's lumbosacral spine disability, finding that the evidence did not support an increase to this level.

Service connection granted for a headache condition due to service-connected major depressive disorder and tinnitus. Service connection also granted for a sleep disorder (OSA) related to major depressive disorder and GERD.

The Veteran's appeals for overpayment, service connection for sleep apnea, increased ratings for GERD, right knee disability, lumbar spine disability, and radiculopathy of the lower extremities have been dismissed due to withdrawal by the Veteran's attorney.

The Board has remanded the cases for further development and consideration, including obtaining an addendum opinion regarding the nature and etiology of the Veteran's lumbar spine disability. The issues of service connection for a cervical spine disability, lumbosacral strain with degenerative arthritis, and right leg disability (diagnosed as sciatica/neuropathy) are pending.

The Board has denied the Veteran's claim for service connection for retinitis pigmentosa, finding that it clearly and unmistakably existed prior to service and was not aggravated by service.

The Veteran's appeal is being remanded due to the need for additional VA examinations and evaluations. The issues of entitlement to specially adapted housing and a special home adaptation grant are inextricably intertwined with his service-connected disabilities.

The Veteran's hypertension is rated at 10 percent, but no higher. The Board found that the Veteran’s OSA and hyperparathyroidism are related to service due to the proximity of his separation from active duty with his current diagnoses.

The Board previously denied the Veteran's claim of service connection for sleep apnea, but due to inadequate reasons and bases in the decision, it is now remanded for further development.

The Veteran's claims for service connection for TBI with concussion photophobia and OSA were denied as there is no current diagnosis of these conditions. The Board found that the evidence did not show an in-service incurrence or aggravation of either condition, and that any pre-existing conditions did not worsen during his periods of active duty.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional evidence and a medical opinion regarding the relationship between his current condition and his military service, particularly as it relates to PTSD.

The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.

The Board has remanded the Veteran's claims for increased ratings for left hip strain, right hip strain, and lumbosacral strain due to inadequate VA examinations addressing flare-ups and functional loss.

The Board has restored the Veteran's original disability rating of 20 percent for lumbosacral strain, but has remanded the issue of increasing his disability rating.

The Board has ordered the case to be remanded due to inadequate rationale in the VA examination and failure to consider the Veteran's prior diagnosis of obesity during service.

The Veteran's service-connected PTSD is found to have aggravated his migraine headaches and insomnia, granting service connection for these conditions.

The Veteran's requests for service connection on the merits are remanded due to scheduling issues and a hearing request.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus, CAD, hypertension, CVA, seizures, left arm disability, right arm disability, right eye disability, tinnitus, sleep disorder, gastrointestinal disability, scars, and an acquired psychiatric disability. The evidence did not establish a nexus between these conditions and the Veteran's military service.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's sleep apnea is caused by his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

The Veteran's sleep apnea is granted as service connected, effective from the date of separation.,An earlier effective date for the hypertension rating is denied. The current 10% rating remains valid since it was requested and no higher blood pressure readings are present.

The Board has remanded the cases for additional development and opinions to address secondary service connection claims.