Sleep apnea decisions — 2020

The Board has remanded the case due to inadequate medical examination and a need for further development regarding whether the Veteran's current back disability is related to his in-service accident.

The Veteran's appeal for a higher rating for her back condition and for service connection for an abdominal condition has been dismissed.,The Veteran's appeal for service connection for an acquired psychiatric disorder, including PTSD and a mood disorder, related to military sexual trauma (MST), has been granted.

The Board has remanded the Veteran's claims for a rating greater than 10 percent for asbestosis and service connection for sleep apnea, to include as secondary to his service-connected asbestosis. The Veteran is required to report for VA examinations to determine the current severity of his asbestosis and the etiology of his sleep apnea.

The Board has decided to remand the case for further development and consideration, including obtaining a medical opinion on whether the Veteran's sleep apnea is related to his service-connected lumbar spine and/or knee disabilities or due to exposure to burn pits in Southwest Asia.

The Veteran's appeals for service connection on several conditions have been withdrawn. The claims for right ankle disability, chronic kidney disability, and PTSD rating are being remanded due to the need for additional examination or evidence. The claim for chronic kidney disease has been reopened based on new evidence.

The Veteran's lumbosacral strain and right knee disability are being remanded for further examination and rating considerations.

The Veteran's right and left foot disabilities are granted as service-connected. The Board also found that the Veteran's sleep apnea and insomnia may be related to service, but a remand is needed for further examination.

The Board has decided to remand the case due to inadequate VA examinations and need for further development, including obtaining updated treatment records and scheduling a new VA examination.

The Board has granted service connection for various conditions, including OSA, HTN, right leg arterial insufficiency, ED, renal insufficiency, diabetic retinopathy, and bilateral normal tension glaucoma, mild dry eyes, cataract of the right eye, and pseudophakia of the left eye, as secondary to service-connected diabetes. The issues concerning lumbar strain with sacroiliac pain and labyrinthitis with vestibular dysfunction are remanded for further development.

The Veteran's petition to reopen his claim for service connection of a right ankle disability is granted. The claims for hypertension and sleep apnea are remanded due to the need for additional evidence and examination.

Service connection granted for a bilateral foot disability, sleep apnea, and respiratory disability. The Veteran's claims for migraine headaches and testicular cancer are also reopened.,The Board found that the evidence is at least in equipoise as to whether the Veteran’s conditions began during active service.

The Veteran's bilateral knee osteoarthritis and back condition are granted as service-connected.,The Veteran's painful left elbow is denied as not having a current diagnosis related to service. ,The Veteran's residuals of decompression sickness are denied as there is no current diagnosis.

The Board has denied service connection for obstructive sleep apnea, finding that the condition did not have its clinical onset during service and is not otherwise related to service.

The Veteran's claims for sleep apnea, right lower extremity neuropathy, and left lower extremity neuropathy have been denied as there is no current diagnosis of these conditions.,The Veteran's claims for colon cancer and skin cancer have been remanded due to the need for further examination and opinion regarding their etiology.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran did not have a current diagnosis of this condition and there was no evidence linking it to his military service.,Service connection for PTSD was also denied. The Board found that the Veteran does not meet the criteria for a diagnosis of PTSD under DSM-5.

The Veteran's claim for service connection for sleep apnea, including as a sleep disorder due to an undiagnosed illness is denied because there is no evidence of such condition in-service or within one year post-service.,The Veteran's claim for increased evaluation for radiculopathy of the right lower extremity is also denied as his current disability does not meet the criteria for a 40 percent rating, which would be required to grant an increased evaluation.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to the death of the appellant.

The Board has remanded the case due to insufficient adjudication of the issue of service connection for sleep apnea, including as secondary to service-connected disability(ies). The Veteran's claim is being returned for further development and consideration.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by her service-connected allergic rhinitis, and thus grants service connection for OSA.

The Board has ordered a remand due to the need for additional medical records and an examination. The Veteran's claim will be reconsidered after these steps are completed.