Sleep apnea decisions — 2020

The Board denied service connection for a low back disorder and OSA, finding that the disorders are not related to active service. The Veteran's current conditions were attributed to intercurrent causes or post-service events.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected lumbosacral strain and GERD. The Veteran needs a new VA examination to assess his current disability levels without medication effects, and the AOJ should obtain any outstanding VA treatment records.

The Board has remanded the cases due to outstanding VA medical records and for further development.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to a lack of an in-person VA examination, and requests flexibility in scheduling such an examination.

The Veteran's bronchitis and asthma with obstructive sleep apnea were not found to warrant a higher rating than the current 60 percent on an extraschedular basis from April 1, 2013 to November 13, 2013. The issue of entitlement to an increased rating was dismissed as moot due to the Veteran's receipt of TDIU effective November 14, 2013.

The Board has granted service connection for OSA, finding that the Veteran's symptoms during service are consistent with undiagnosed OSA and resolving all reasonable doubt in his favor.

The Board denied service connection for obstructive sleep apnea, finding that the condition did not begin during or proximately due to service and is not related to any service-connected disability.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected disabilities, particularly his right shoulder disability and lumbar spine disability, caused or aggravated his obstructive sleep apnea (OSA).

The Veteran's claims for service connection for sleep apnea and hypertensive vascular disease were denied.,The Veteran's claim for PTSD was dismissed due to his withdrawal of the appeal.

The Veteran's diabetes mellitus, sleep apnea, and COPD were not found to be service-connected due to lack of evidence linking these conditions to his military service.,Chronic high blood pressure was also not found to be service-connected as no VA examiner provided an opinion on its etiology.

The Board denied service connection for degenerative joint disease of the lumbar spine and obstructive sleep apnea to include insomnia and sleep-wake cycle disorder, finding that there was no evidence showing these conditions were incurred or aggravated by military service.

The Board has denied the Veteran's claims for service connection for GERD and sleep apnea as secondary to his service-connected major depressive disorder (MDD). The VA medical opinions provided by a May 2020 examiner concluded that there is no causal link between the Veteran's GERD or sleep apnea and his MDD.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as it likely developed during his military service and is not related to any specific exposure event. The decision also considers secondary service connection due to obesity caused by service-connected musculoskeletal disabilities.

The Board has remanded the cases of sleep apnea and myasthenia gravis due to lack of substantial compliance with previous remand directives. The VA examinations conducted were not adequate as they did not consider all relevant evidence, including lay statements from the Veteran and his spouse.

The Veteran's appeal for higher ratings for major depressive disorder, lumbosacral strain, and onychomycosis of the bilateral feet was denied. The claim for a TDIU (Total Disability Rating Based on Individual Unemployability) due to service-connected disabilities was granted.

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

The Veteran's claim for service connection for major depressive disorder, secondary to his service-connected tinnitus, is granted. The other issues on appeal are remanded.

The Veteran's claim for service connection for lumbosacral strain was denied in 1974 and again in 1976. The decision became final after the Veteran did not appeal or submit new evidence within one year of each denial. The Veteran filed a new claim to reopen his back disability claim on May 9, 2016, which resulted in service connection being granted for lumbosacral strain. However, an effective date prior to May 9, 2016 is denied as there was no prior claim of service connection.

The Veteran's claim for service connection for sleep apnea was granted. The claims for higher evaluations of GERD, right ear hearing loss, and irritable bowel syndrome are remanded.

The Board has remanded the case due to insufficient development and a need for an SSOC regarding service connection for obstructive sleep apnea, including as due to a service-connected disability. The Veteran's claim is pending for an initial compensable rating for hypoxia.