Sleep apnea decisions — 2020

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.,The Veteran is seeking service connection for sleep apnea, an acquired psychiatric disorder, and other disabilities. The Board cannot make a fully-informed decision on these issues because no VA examiner has provided an opinion regarding the etiology of his sleep apnea or whether it is related to any service-connected disability. Additionally, he needs to provide a statement from his brother regarding his sleep apnea claim.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records should be obtained as they may contain relevant information about his SSA disability claim. The Veteran also needs to provide a statement from his brother regarding his sleep apnea claim.,VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.,The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development. Specifically, VA treatment records from August 2017 to November 2017 reflect that the Veteran was in the process of filing a claim for disability benefits from the Social Security Administration (SSA). However, there is no SSA decision or medical records upon which an SSA determination was based. Therefore, on remand, all records pertaining to any SSA disability claim should be obtained as they are potentially relevant to these claims.

The Board has decided to remand the case due to an inadequate VA examination, and now requires further evaluation of the Veteran's sleep apnea.

The Board has remanded the Veteran's claims for service connection due to issues related to his lumbar spine condition, sleep apnea, and acquired psychiatric disorder. The cases are being returned for further development.

The Veteran's tinnitus, left knee strain, right knee osteoarthritis, and obstructive sleep apnea are all found to have been incurred during active service.,Service connection is granted for these conditions.

The Veteran's TDIU claim is dismissed for the period prior to January 17, 2017 due to his already receiving SMC based on housebound status. The case is remanded for consideration of an extraschedular TDIU on behalf of the Veteran from January 17, 2017.

The Board has determined that the VA examinations were not conducted as per remand instructions and thus, the claims for service connection are being returned to the AOJ for further development.

The Veteran's appeal was dismissed due to the death of the appellant, and no service connection claims were decided.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 20 percent prior to September 9, 2014 and at 40 percent from that date. The Veteran's anal fissure with status-post lateral sphincterotomy is currently rated as noncompensable.,The Veteran's service-connected anal fissure has been found to have constant slight or occasional moderate leakage of the rectum and anus, warranting a 10% rating under Diagnostic Code 7332.

The Veteran's cervicitis with dysplasia, status post hysterectomy, is granted service connection. The ratings for her right and left knee disabilities are denied.

The Board has remanded the Veteran's claims for service connection for hypertension, sleep apnea as secondary to hypertension, and restless legs syndrome as secondary to hypertension due to a lack of VA examination. The Veteran must be afforded VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has determined that a new VA examination is needed to assess the current level and severity of the Veteran's service-connected obstructive sleep apnea. The issue will be readjudicated after the examination.

The claim for a higher evaluation than 20 percent for lumbosacral strain with mechanical back pain and degenerative joint disease is denied. A separate noncompensable disability rating for erectile dysfunction due to the Veteran’s low back disability is granted.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was no in-service event, disease or injury and a nexus between OSA and active service.

The Board has remanded the case due to a lack of consideration of additional evidence and the need for a new VA examination.

The Board has decided to remand the cases for further development and consideration. Specifically, a medical opinion is needed regarding whether the Veteran's sleep apnea is secondary to his service-connected deviated septum and whether his TMJ is related to his military service.

The Board denied an initial rating in excess of 20 percent for right shoulder strain and dismissed the remaining service connection claims due to lack of jurisdiction. The Veteran's right shoulder strain is currently rated at 20 percent.

The Board has remanded the claims for service connection due to insufficient evidence and unclear etiology. The Veteran's lumbar and cervical spine disabilities, as well as his peripheral neuropathy, are presumed to be related to Agent Orange exposure in Vietnam.

The Board has remanded the claims for cervical spine disability, lumbosacral spine disability, headaches, depression, and penis disability (ED) due to inadequate development. The claims are being returned for further examination and consideration.

The Board has denied service connection for a back disorder, including spina bifida occulta, lumbosacral strain, and multilevel degenerative disc disease with facet arthritis. The cardiac disorder appeal was also denied.

The petition to reopen the previously denied claims for bilateral hearing loss and hypertension has been granted. The petitions to reopen the claim of service connection for an acquired psychiatric disorder and sleep apnea, secondary to an acquired psychiatric disorder are remanded.