Sleep apnea decisions — 2020

The Veteran's back disability has not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees. The claim for an evaluation in excess of 10 percent for service-connected back disability is denied.

The Veteran's service-connected diabetes mellitus and musculoskeletal disabilities are found to be the primary cause of his obstructive sleep apnea, which is granted as secondary.

The Veteran's service-connected depression and headaches are found to have caused her obstructive sleep apnea, which is now granted as secondary to these conditions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not caused or aggravated by his service-connected ischemic heart disease and had no relation to his active duty service.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain gainful employment, leading to a TDIU.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD).,Service connection is also granted for a left knee disability that is proximately due to his service-connected right knee disability.

The Board has remanded the case due to a need for clarification on whether service-connected PTSD or prescribed medications have aggravated the Veteran's weight gain, which in turn caused obstructive sleep apnea.

The Board denied service connection for obstructive sleep apnea as it is not related to the Veteran's active service or a service-connected condition.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and a right shoulder disability, as well as an increased rating for his thoracolumbar spine disability. The evidence did not establish that these conditions were incurred in or related to service.

The Board has denied the Veteran's claims for service connection for high cholesterol, OSA, heart arrythmia, and a respiratory disability due to lack of evidence showing these conditions were incurred or aggravated during his military service. The appeal is remanded for further development.

The Board has granted service connection for a headache disability and denied service connection for sleep apnea. The TDIU claim is remanded as it is inextricably intertwined with the rating claims.

The Board has decided to remand the case due to an inadequate medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected asthma.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability due to his service-connected disabilities, including PTSD with other psychiatric disorders, obstructive sleep apnea, tinnitus, and gastroesophageal reflux disease. The effective date of this decision is not specified as it meets the schedular criteria.

The Board has granted service connection for Obstructive Sleep Apnea. Service connection is remanded for the Left Knee Disability issue.

Service connection for tinnitus is granted. The Board found that the Appellant's current tinnitus arose in service and has continued since separation from service.,Service connection for low back disorder is denied. The VA examiner opined that the condition did not arise during or as a result of service.

The Board has determined that the Veteran's current low back disability, bilateral hearing loss, tinnitus, and obstructive sleep apnea are not service-connected. The claims for these conditions have been remanded to obtain additional medical opinions.

The Veteran's claim for service connection for a heart disability was denied due to lack of evidence of disease or injury in service. The claim is not reopened as new and material evidence has not been received.,Service connection for PTSD and major depressive disorder cannot be established as the Veteran does not meet the criteria for a diagnosis of PTSD, which requires a specific stressor event. Major depressive disorder was diagnosed but there is no link to service or an in-service stressor.,The Veteran's skin disability (presumably seborrheic dermatitis and actinic keratoses) is presumed due to exposure to herbicide agents during service.,There is no evidence of a bilateral shoulder disability at any time during the pendency of the claim. The preponderance of evidence does not support a finding that the Veteran has a current disability or that it is related to service.,Diabetes mellitus was not present in service and there is no link between diabetes and service, including exposure to herbicide agents.,The bilateral eye disability (presumably macular disease, cataracts, and presbyopia) is presumed due to exposure to herbicide agents during service. There is no evidence of a current disability or that it is related to service.,There is no evidence of a bilateral knee disability at any time during the pendency of the claim. The preponderance of evidence does not support a finding that the Veteran has a current disability or that it is related to service.,The lumbosacral strain was not present in service and there is no link between the condition and service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a causal relationship between his in-service symptoms and his current diagnosis of obstructive sleep apnea.

The Veteran's claims for increased ratings for intervertebral disc syndrome with lumbosacral strain and radiculopathy, left femoral nerve were denied. The case is remanded to issue a supplemental statement of the case.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not caused or aggravated by his service-connected unspecified psychosis disorder and is not otherwise related to his military service.