Sleep apnea decisions — 2020

The Board has remanded the claim for service connection for sleep apnea due to inadequate medical opinion and the Veteran's assertion of in-service exposure to burn pits. A new etiology opinion is required.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and sleep apnea, finding no competent evidence linking these conditions to his military service. The case is remanded for further development.

The Board has determined that the Veteran's obstructive sleep apnea began during his service and continues to this day, granting service connection for OSA.

The Veteran's service-connected disabilities are found to meet the percentage requirements for a schedular TDIU and preclude him from securing and following substantially gainful employment. The Board has remanded several issues including higher ratings for his lumbar spine strain, radiculopathy of the lower extremities, and entitlement to special monthly compensation based on the loss of use of the lower extremities or the need for regular aid and attendance.

The Veteran's claim for service connection for degenerative disc disease (low back strain) has been reopened and is being remanded due to the presence of new evidence.,Service connection for sleep apnea was denied as there is no clinical diagnosis found in the record.

The Board has remanded several issues for further development and clarification, including the reopening of a schizophrenia claim and service connection for various psychiatric disorders. The Veteran's right ovary wedge resection is also being addressed with a separate rating.,Additional medical records need to be obtained from SSA and attempts should be made to obtain her full service personnel records.

The Board has remanded the Veteran's claim for a disability rating in excess of 30 percent for degenerative joint disease of the lumbosacral spine due to inadequate prior VA examinations and the need for further examination.

The Veteran's Major Depressive Disorder with Anxiety is granted service connection as it is proximately due to his service-connected bilateral hearing loss and tinnitus. Service connection for Obstructive Sleep Apnea is remanded.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms are related to his active duty service.

The Board has found that the AOJ did not substantially comply with the remand directives and has ordered a remand for further development, including consideration of all evidence during the appeal period prior to November 1, 2019.

The Veteran's claims for service connection for an acquired psychiatric disorder, OSA, and ED are denied as the evidence does not support a finding that these conditions began during active service or are otherwise related to in-service injury, event, or disease.

The Veteran's claims for service connection for a right knee disability, erectile dysfunction, and bilateral hearing loss are being remanded due to incomplete development.,An effective date earlier than September 24, 2014 for the award of sleep apnea is denied.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for additional medical examinations.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no positive association between exposure to herbicides and sleep apnea. The preponderance of evidence does not support a link between the Veteran's current diagnosis of sleep apnea and his military service.

The Board has remanded the claims for service connection for various conditions, including degenerative arthritis, cervical and thoracolumbar spine arthritis, chronic fatigue syndrome, and sleep apnea. The issues are being returned to the AOJ for further consideration.

The Veteran's claims for service connection for chronic fatigue syndrome, obstructive sleep apnea (OSA), and a headache disorder were denied. The Board found that the medical evidence did not support service connection on either direct or presumptive basis.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran was granted TDIU for the period prior to March 31, 2014 and since March 31, 2014. The decision is based on his service-connected disabilities collectively rated at 60% and 80%, respectively.

The Veteran's lumbosacral degenerative arthritis with strain is currently rated at 20 percent, effective January 27, 2020. The case is being remanded for another VA examination to determine the current nature and severity of his service-connected disability.

The Board has denied an earlier effective date for the award of a 60 percent rating for degenerative disc disease of the lumbosacral spine, and the case is being remanded to consider the Veteran's September 2010 statement requesting an increased rating.,The Court has ordered that the VA examinations and opinions concerning hypertension and kidney cysts be reconsidered due to inadequate explanations in prior VA medical opinions.