Sleep apnea decisions — 2020

The Board has granted service connection for sleep apnea and remanded the issue of an earlier effective date for lumbar spine disability. The case is now pending with the agency of original jurisdiction (AOJ).

The Board denied service connection for Chronic Fatigue Syndrome due to Gulf War service, attributing the Veteran's symptoms to OSA.,Service connection was also denied for GERD (claimed as gastrointestinal symptoms) due to Gulf War service. The VA examiner concluded that there is no causal relationship between the Veteran’s GERD and his service.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether the Veteran's lumbosacral epidural abscess, bilateral lower extremity radiculopathy, right knee osteoarthritis, left knee osteoarthritis, left ankle osteoarthritis, and bilateral hearing loss were incurred during active duty service or active duty for training. The Board remanded to obtain additional records and conduct further medical opinions.

The Board has granted service connection for a lumbosacral spine disability, which is considered secondary to the Veteran's service-connected right and left knee disabilities. The TDIU issue is remanded.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Board has decided to remand the Veteran's claim for a sleep disorder, including obstructive sleep apnea, due to incomplete records from his private physician. The case will be returned for further development.

The Veteran's lung disability, characterized by obstructive sleep apnea and constricted bronchiolitis, warrants a rating of 60 percent under the Rating Schedule. The Board finds that this condition should be rated under DC 6602 due to its predominant nature.

The Board has decided that the Veteran's sleep apnea may be related to service, but there is not enough evidence in the record. The case is being sent back for further investigation.

The Board denied service connection for hypertension, hemorrhoids, a left eye disability (other than dry eye syndrome with meibomian gland dysfunction and allergic conjunctivitis), sleep apnea, fatigue, and cardiovascular disability as the evidence did not support these claims.

The Veteran's back brace for his service-connected lumbosacral strain with degenerative joint disease caused wear and tear to his clothing, which is in equipoise with the evidence. The Board granted an annual VA clothing allowance for 2018.

The Veteran's service-connected disabilities have made him in need of regular aid and attendance, which is granted for special monthly compensation.

The Board has found that there was not substantial compliance with the April 2019 remand directives and requires another remand to obtain an addendum medical opinion addressing the Veteran’s functional impairment during flare-ups of his lumbar spine disability.

The Board has decided to remand the case due to insufficient medical opinions regarding whether sleep apnea is related to service or aggravated by PTSD.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that the evidence supports a link between his active duty service and the condition.

The Veteran's appeal for service connection for chronic fatigue syndrome was dismissed. The appeals for gastro-esophageal reflux disease (GERD), diarrhea, left knee disability, headaches, obstructive sleep apnea, vitiligo, and balanitis xerotica obliterans (BXO) were remanded.

The Board denied a rating greater than 10 percent for left knee degenerative joint disease status post arthroscopic surgery and an initial rating greater than 50 percent for obstructive sleep apnea. The Veteran's left knee disability is rated at 10 percent, while his obstructive sleep apnea remains at 50 percent.

The Veteran's claims for residuals of in-service bilateral groin injury, left foot/ankle disability, and sleep apnea have been granted. The right wrist, left thigh, erectile dysfunction secondary to low back disability, and rating for low back disability are remanded.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development of the record.

The Veteran's claim for service connection for obstructive sleep apnea, secondary to his service-connected PTSD, is granted. The claim for a compensable rating for erectile dysfunction is denied. The effective date for the grant of special monthly compensation for loss of use of a creative organ is set at September 18, 2015.

The Veteran's service-connected lumbar spine disability has been granted a 20 percent rating since December 18, 2018. He also received separate 10 percent ratings for bilateral lower extremity radiculopathy.