Sleep apnea decisions — 2020

The Board denied the Veteran's claims of service connection for an acquired psychiatric disability, a lumbosacral spine disability, hypertension, and a cardiac disability. The evidence did not support these claims as they were not related to active service.

The Board has remanded the case for further development and consideration, including obtaining addendum opinions regarding the Veteran's sleep apnea and addressing his claims of service connection for a depressive disorder and anxiety disorder.

The Board has remanded the cases for further development and to obtain additional medical records, including SSA disability records and VA treatment records. The issues of service connection for bilateral foot disability, sleep apnea (including as secondary to PTSD with major depressive disorder), hemorrhoids, and tinnitus are all being remanded.

The Board denied service connection for Obstructive Sleep Apnea and Sinus Disorder, finding that there was no direct or secondary service connection based on the evidence of record.

The Board has denied service connection for tinnitus, bilateral hearing loss, left ankle disability, and bilateral shoulder disabilities. The claims for headaches, tonsillitis, strep throat, periodontal disease (pyorrhea), and sleep apnea are being remanded.,Service connection is not granted for the Veteran's claimed conditions due to lack of evidence linking them to service or any other relevant factor.

The Veteran's right and left ankle strains are each rated as 10 percent disabling prior to August 30, 2019, and as 20 percent disabling from that date. The Veteran’s lumbosacral strain is currently rated at 40 percent since August 30, 2019.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for OSA is being remanded as there may be a link between his military service and undiagnosed illness. Additional evidence is needed, including records from 2010 when he was referred for evaluation of sleep apnea.,The Veteran's claims for kidney stones and diabetes are being remanded due to the need for additional VA examinations and opinions regarding the etiology of these conditions.,The Veteran's claim for diabetes mellitus is being remanded as there may be a link between his military service and aggravation of his already elevated blood sugar levels. Additional evidence is needed, including records from 2010 when he was referred for evaluation of sleep apnea.,The Veteran's claims for left shoulder disability are being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.,The Veteran's claim for back disability is being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.,The Veteran's claims for knee disabilities are being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.

The Veteran is granted entitlement to SMC at the maximum rate authorized under 38 U.S.C. § 1114(p) and an increased level of SMC based on the need for a higher level of care at the rate specified under 38 U.S.C. § 1114(r)(2).

The Board has reopened the Veteran's previously denied claims for service connection for sleep apnea and an acquired psychiatric disorder, to include PTSD. The claim for sleep apnea is denied as there is no evidence of a current diagnosis or relationship to service. The claim for PTSD will be remanded for further development including a VA examination.

The Board has granted service connection for right ear hearing loss but remanded the issue of sleep apnea due to lack of a current diagnosis and missing treatment records.

The Board dismissed all appeals related to the Veteran's claims for increased ratings, service connection, and total disability rating based on individual unemployability due to the Veteran's death.

The Board has decided that the claim for service connection for sleep apnea, as secondary to service-connected disabilities, needs further development and is therefore remanded.

The Board has remanded the Veteran's claims for service connection for gastritis/GERD and sleep apnea due to secondary service connection. The VA is required to obtain additional medical opinions addressing whether these conditions are proximately due or aggravated by medications used to treat his service-connected left shoulder condition.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, allergic rhinitis, and acid reflux/GERD due to incomplete development of his records and need for additional medical opinions.

The Veteran's acquired psychiatric disability, including adjustment disorder with mixed anxiety and depressed mood, is granted as secondary to his service-connected eye disability and tinnitus.,The Veteran's respiratory disability, including sleep apnea, is granted as secondary to his service-connected acquired psychiatric disability.

The Board has remanded the Veteran's claims for diabetes mellitus, hypertension, kidney condition, nocturia, and sleep apnea as secondary to his service-connected diabetes mellitus. The remand is due to incomplete verification of the Veteran's exposure to Vietnam during TDY assignments.

The Board has determined that the Veteran's claims for service connection have not been fully developed and requires additional development before a decision can be made.

The Veteran's left calcaneal spur with plantar fasciitis is currently rated at 20% and the Board finds no basis to grant a higher rating.,For the period prior to January 17, 2018, the Veteran's lumbar degenerative disc disease was rated at 10%, but the Board found no basis to grant a higher rating. For the period from January 17, 2018, the Veteran's lumbar degenerative disc disease is rated at 20% and the Board found no basis to grant a higher rating.,The Veteran's right lower extremity radiculopathy was rated at 10%, but the Board found no basis to grant a higher rating. The Veteran's GERD disability is now rated at 30%.,Service connection for tinnitus and obstructive sleep apnea secondary to GERD were both granted.

The Veteran's service connection for PTSD was granted with a 50% evaluation effective January 14, 2015. The Veteran is seeking an increased rating and/or an earlier effective date.

The Veteran's service-connected chronic active lumbosacral strain-myositis and lumbar spondylosis are currently rated at 10 percent prior to June 6, 2017, and 20 percent from June 6, 2017. The Board finds that the evidence does not support a higher rating for these conditions.