Sleep apnea decisions — 2020

The Board has denied the Veteran's claims for service connection for sleep apnea and remanded the claims for service connection for a brain tumor and residuals thereof, as well as vision loss. The claims are being returned to VA for further development.

The Veteran's service connection for obstructive sleep apnea, bilateral upper and lower extremity peripheral neuropathy is granted. The cases of bilateral upper and lower extremity peripheral neuropathy are remanded.

The Veteran's obstructive sleep apnea was not incurred in service and cannot be presumed due to herbicide exposure. The Board found no direct evidence linking the condition to his military service.

The Board has denied a higher disability rating for the Veteran's lumbar spine disability due to lack of unfavorable ankylosis. The case is remanded for further examination and opinion regarding lower extremity radiculopathy, sleep apnea, and service connection.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as it is etiologically related to the Veteran's active service.

The Board has found that there has not been substantial compliance with the previous remand orders and has therefore ordered a new VA examination for the Veteran's service-connected lumbar spine disability. The TDIU claim is also being remanded as it is inextricably intertwined with the increase claim.

The Board has granted service connection for bilateral hearing loss but remanded the issue of service connection for sleep apnea, to include as secondary to PTSD. The case is being returned to VA for further development.

The Board denied higher initial disability ratings for various conditions, including right knee chondromalacia patella, right shoulder disorder, right wrist disorder, left ankle disorder, obstructive sleep apnea, bladder cancer, ulcerative colitis, Bell's palsy, stroke residuals, hair loss, and skin disorder.

The Veteran's hypertension, tension headache disability, and PTSD have been granted service connection. The Veteran's sleep apnea, diabetes mellitus, peripheral neuropathy of the lower extremities, and CRPS secondary to trigger finger release are being remanded for further development.,TDIU and SMC issues are also remanded as they are inextricably intertwined with the above-mentioned increased rating and service connection issues.

The Veteran's increased rating claims for lumbosacral DDD and DJD, as well as his TDIU claim, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula or IVDS Rating Formula.

The Board has decided to remand the claims for service connection for bilateral hearing loss, tinnitus, and obstructive sleep apnea due to new evidence submitted after a previous denial.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD with unspecified depressive disorder and alcohol use disorder in remission.,The Veteran's ventricular arrhythmia with implanted automatic implantable cardioverter defibrillator (heart disability) is granted as secondary to his service-connected PTSD with unspecified depressive disorder and alcohol use disorder in remission.

The Board has remanded the claims for service connection due to the submission of new and relevant evidence. The Veteran's hearing loss, bladder condition, sleep apnea, PTSD, and headaches are all being reconsidered.

The Veteran's back disability and right lower extremity radiculopathy were restored to their previous ratings of 40 percent and 20 percent, respectively, effective December 1, 2019.

The Board has decided to remand the case due to inadequate VA examination reports, specifically regarding functional impairment during flare-ups. The Veteran's claim for an increased rating in excess of 10 percent for a lumbosacral strain disability from August 19, 2019 is now pending and requires further evaluation.

The Board has decided to remand the case due to a duty to assist error, requiring a new medical opinion on whether the Veteran's sleep apnea is aggravated by his service-connected lumbar spine disability.

The Veteran's claim for service connection for sleep apnea was denied as there is no medical evidence of a current disability during or since service.,Service connection for right lower extremity radiculopathy secondary to his service-connected lumbar spine disability was also denied due to the lack of any current symptoms. The Veteran has not been diagnosed with this condition and denies having such symptoms.,The claim for an increased rating for latent tuberculosis was denied as there is no evidence of active disease or significant impairment, resulting in a 0 percent (non-compensable) disability rating.

The Board denied service connection for obstructive sleep apnea, finding that there was no competent evidence linking the condition to either the Veteran's service or his service-connected PTSD.

The Board has restored a 30 percent rating for GERD and granted service connection for bruxism and obstructive sleep apnea. The decision is based on the Veteran's current symptoms and medical evidence.

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