Sleep apnea decisions — 2020

The Veteran's claim for increased rating of fibromyalgia is being remanded due to the need for further development.,The issues of service connection for bilateral hearing loss, an acquired psychiatric disorder (including anxiety, depression, and PTSD), and sleep apnea are being remanded as new evidence has been received that may support these claims.

The Veteran withdrew his appeals for all issues related to his service-connected conditions, resulting in the dismissal of the appeal.

The Board denied the Veteran's claims for service connection for sleep apnea, finding that it is not related to his active military service or secondary to his service-connected coronary artery disease and/or stroke.

The Board denied service connection for Obstructive Sleep Apnea as it is not related to military service or caused by a service-connected disability.

The Board has decided that the Veteran's claim for service connection for lumbosacral strain should be remanded due to inadequate examination and need for additional evidence.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy due to new evidence of worsening symptoms. The Veteran will be scheduled for VA examinations to assess current severity.

The Board has remanded the Veteran's claims for heart disability, OSA, and right foot disability due to incomplete records and insufficient opinions in the current record. The Veteran will need to provide updated VA treatment records and complete a VA Form 21-4142 for non-VA medical providers. A new VA examination is needed for each of his conditions.

The Board has determined that there was clear and unmistakable error in the March 30, 2010 rating decision which denied service connection for sleep apnea. The decision is amended to grant service connection for obstructive sleep apnea from June 23, 2009.

The Veteran's service-connected lumbar spine disorder is rated at 40 percent disabling for the period on appeal from July 2, 2010. The Board finds that there is no evidence of unfavorable ankylosis in the thoracolumbar spine to warrant a higher rating.

The Board has remanded the case due to incomplete records and need for further medical opinions regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD.

The Board has determined that the Veteran's current sleep apnea is not related to his service, and therefore denied his claim for service connection.

The Veteran's service connection claim for obstructive sleep apnea is granted as it is at least as likely as not that the condition began during his military service.

The Veteran's bilateral hearing loss is rated as noncompensable, and the appeal for an increased rating is denied. The Board has also remanded cases involving service connection for left wrist condition, right foot condition, carpal tunnel syndrome, sinusitis, sleep apnea, and hypertension.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 40 percent from April 28, 2008 to March 8, 2020. The claim for a higher rating is denied from March 9, 2020 forward.

The Board denied service connection for OSA as the evidence did not show it was incurred in or related to service.

The Board has remanded the claims for service connection for sleep apnea, heart disease, and hypertension due to lack of evidence or further development is needed.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his symptoms did not meet the criteria for service connection due to lack of a diagnosis during service and insufficient evidence linking current sleep apnea to service.

The Veteran's appeals for increased ratings and service connection have been remanded due to failure to appear for VA examinations. The issues include a rating increase for deviated nasal septum, service connection for psychiatric disorders, sleep apnea, and eye conditions.

The Board has decided to remand the Veteran's claim for a disability rating in excess of 40 percent from December 8, 2010 for myofascial lumbosacral pain syndrome with degenerative changes including consideration of the appropriate rating for associated neurological impairments due to incomplete development and lack of specific information regarding incapacitating episodes.

The Veteran's appeals for service connection for a left shoulder condition, headaches, sinus condition, and sleep apnea have been dismissed. The Board has also remanded the issues of service connection for a sinus condition and sleep apnea.