Sleep apnea decisions — 2020

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service-connected PTSD. The VA will need to obtain a new medical opinion to clarify this issue.

The Board has remanded the issues of service connection for a sleep disorder other than sleep apnea, left knee condition, and rating in excess of 10 percent for lumbar strain. The Veteran's appeal is currently pending.

The Board denied the claims for service connection for obstructive sleep apnea and hypertension, finding that these conditions did not manifest during or are otherwise related to active duty service.

The Board has determined that further development is needed to determine the cause and aggravation of the Veteran's obstructive sleep apnea, including whether it is related to his service-connected PTSD or diabetes mellitus.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD with major depressive disorder and/or TBI. The RO is instructed to conduct a medical examination and provide an opinion on whether the Veteran's obstructive sleep apnea is related to in-service exposure, specifically during deployment in Afghanistan, and if it is aggravated by his service-connected conditions.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection for obstructive sleep apnea, specifically his in-service exposure and medication use.

The Board has remanded the case due to the need for additional evidence and examination, particularly regarding the Veteran's service connection claims for obstructive sleep apnea and coronary artery disease.

The claim of service connection for PTSD is denied. The appeal for service connection for a sleep disorder, claimed as obstructive sleep apnea, narcolepsy, convulsive tic (tremors), and restless leg syndrome is remanded.

The Veteran's asthma with sleep apnea is now rated at 100 percent effective December 14, 2017.,Prior to this date, the Veteran was granted a TDIU based on his service-connected disabilities.

The Veteran's tinnitus is not related to his period of service, and therefore, service connection for tinnitus is denied.,The Veteran does not have a current diagnosis of left upper extremity neuropathy. Service connection for left upper extremity neuropathy is not warranted.,For the period prior to May 29, 2018, the Veteran's left elbow disability manifested in arthritis with normal range of motion and no pain on examination. A noncompensable rating is appropriate from that time. From May 29, 2018, a 10 percent rating is appropriate for limitation of flexion.,For the period prior to May 29, 2018, the Veteran's left elbow disability manifested in arthritis with normal range of motion and no pain on examination. A noncompensable rating is appropriate from that time. From May 29, 2018, a noncompensable rating is appropriate for limitation of extension.,Service connection for arthritis (claimed as gout) is remanded.,Service connection for sleep apnea is remanded.,Service connection for hypertension is remanded.,Service connection for residuals of TBI is remanded.,Service connection for headache is remanded.,Service connection for a vision disability is remanded.,Service connection for a left knee disability is remanded.,Service connection for a right knee disability is remanded.,Service connection for bilateral hearing loss is remanded.

The Veteran's hypertension and obstructive sleep apnea are granted service connection. The left knee disability is remanded for further development.

The Board has granted service connection for sleep apnea and left knee disability, finding that the Veteran's conditions are at least as likely as not related to his periods of active duty. An initial rating of 10% is assigned for the left hand fracture.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has granted service connection for a low back disability, diagnosed as lumbosacral spine degenerative disease with degenerative disc disease and spondylosis, finding that the Veteran's current condition is due to her in-service injury. The decision resolves doubt in favor of the Veteran.

The Veteran's OSA is denied as not incurred in service, not due to exposure to pollutants during his Gulf War service, and not secondary to his service-connected PTSD.

The Board has determined that the Veteran's discharge was not due to willful and persistent misconduct, thus allowing VA benefits. The issues of service connection for low back disability, left knee disability, right knee disability, and sleep apnea are remanded for further development.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is related to his active service.

The Veteran's service-connected lumbosacral spine strain, left foot disability, and left ear hearing loss are all rated at the lowest possible level (10%) due to their current severity.

The Veteran's sleep apnea was not incurred or aggravated by active service, and its incurrence or aggravation during such service may not be presumed. The Board denied both direct service connection for the condition and secondary service connection based on a service-connected disability.

The Board has determined that further clarification and medical guidance are needed regarding the nature of the Veteran's service-connected low back disability, including whether other conditions such as lumbosacral DDD or scoliosis should be considered part of her current service-connected entity. The case is being remanded for a VA examination to clarify these issues.