Sleep apnea decisions — 2020

The Veteran's low back disability, diagnosed as degenerative spondylosis of the lumbosacral spine, was characterized by constant pain and limited range of motion. The Board denied a rating in excess of 20 percent due to lack of evidence showing forward flexion of less than 30 degrees or ankylosis.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and effective date determinations. The main reason is that VA treatment records from January 2016 onwards have not been obtained.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.,Specifically, the Veteran needs to be examined for his claimed psychiatric disabilities, ischemic heart disease, hypertension, sleep apnea, peripheral neuropathy of both lower extremities, glaucoma, headaches, erectile dysfunction, hearing loss, and any other conditions that may have arisen as a result of service.

The Veteran's lumbosacral strain is rated at 40 percent, but no higher, due to functional loss of forward flexion to 30 degrees or less. The Board found the Veteran’s symptoms more closely approximated a 40 percent rating and denied any claim for an increased rating.

The Veteran's bilateral lower extremity radiculopathy and right lower extremity lumbar radiculopathy are related to his service-connected back disability. However, the evidence does not support a finding that the Veteran's sleep apnea is causally related to his service.

The Veteran's claim for service connection for PTSD has been reopened and granted.,The Veteran's claims for increased rating for lumbosacral spine strain, service connection for pulmonary embolism, and service connection for right lower extremity neuropathy are remanded. The TDIU claim is also remanded.

The Board has decided to remand the case due to the need for additional VA treatment records and a medical examination to determine if the Veteran's obstructive sleep apnea is related to his military service, specifically his deployment in Iraq.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to insufficient medical opinions addressing causation and aggravation, as well as the effects of medications.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, but an adequate medical opinion is needed to determine if this relationship exists and whether the sleep apnea was aggravated by PTSD.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no link between his active duty service and his current diagnosis of sleep apnea.

The Veteran's PTSD was granted service connection with an effective date of November 28, 2017. A separate rating for OSA is denied. Service connection for migraine headaches and tinnitus were granted, while vertigo remains denied.

The Veteran's claims for service connection for bilateral hearing loss and obstructive sleep apnea have been remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's attorney withdrew her appeals for a higher rating on right knee disability, service connection for hypertension and sleep apnea. The Board dismissed these issues as the Veteran wished to withdraw them.

The Board has remanded the case due to insufficient examination and opinion regarding the relationship between the Veteran's sleep apnea and in-service exposure, treatment, or events.

The Veteran's claims for service connection on multiple issues are being remanded due to the need for additional medical evidence and opinions.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active duty service and grants service connection for this condition.

The Board has remanded the case for additional development to obtain an addendum opinion regarding whether the Veteran's OSA is caused or aggravated by his service-connected PTSD and/or CAD.

The Board has denied the Veteran's claims for service connection for bilateral knee disability and sleep apnea, finding no evidence of onset or causation in service.

The Board has remanded several issues related to the Veteran's sleep apnea, peripheral neuropathy of the lower extremities, and acquired psychiatric disorder. The claims for increased evaluations are being remanded due to the need for VA examinations. Effective date issues are also being remanded as they are inextricably intertwined with the evaluation issues.

The Board has remanded the claim for service connection for sleep apnea due to incomplete development and an inadequate opinion from the April 2020 VA examiner.