Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to potential secondary relationships with his service-connected diabetes, as well as possible exposure to herbicides. The VA will obtain additional medical opinions regarding these issues.

The Board has remanded the Veteran's claims for a higher rating for his back condition, left and right lower extremity radiculopathy, and TDIU due to inadequate development in previous examinations. The Veteran is also required to provide additional private treatment records from Dr. G.W.

The appeal for service connection of multiple conditions has been dismissed due to the death of the appellant.

The Board denied the claim for service connection for obstructive sleep apnea, finding that it was not incurred in or caused by active service, including as due to exposure to asbestos. The evidence did not support a link between the condition and service.

The Veteran's claim of a 70 percent rating for adjustment disorder with mixed anxiety and depressed mood is granted, effective July 3, 2019. The claims for service connection for pineal cyst of the brain, multiple sclerosis, nystagmus, sleep apnea, and hypertension are denied.

The Board has decided to remand the case due to insufficient evidence and need for further examination. The Veteran's sleep disorder is being reviewed, but service connection will be determined based on the merits of his claim rather than a presumption.

The Board has remanded the case due to insufficient medical opinions regarding the date of initial onset and etiology of the Veteran's sleep apnea, as well as whether his current diagnosis is proximately due to or the result of any incident of service.

The Veteran's left eye diabetic retinopathy and bilateral cortical cataracts are service-connected. The denial of high cholesterol is based on it being a laboratory finding, not a disability.,The hypertension and obstructive sleep apnea claims are remanded for further evaluation.

The Veteran's claims for separate ratings for asthma and sleep apnea, as well as hiatal hernia and GERD, were denied. The Veteran was granted a 30% rating for hiatal hernia with GERD effective December 4, 2014, and a 60% rating since January 23, 2020. An initial compensable rating for esophagitis was not granted.

The Veteran's lumbosacral spine degenerative joint and disc disease is currently rated at 40 percent, effective September 26, 2018. The Board has remanded the case to determine if a higher rating is warranted prior to that date.

The Veteran's asthma and sleep apnea are currently rated at 50 percent, which is the maximum rating under DCs 6602 and 6847. The Veteran's Parkinson’s disease residuals do not meet the criteria for a higher initial disability rating or earlier effective dates.

The Board has remanded the cases due to incomplete medical records and the need for updated opinions. The Veteran's sinus disorder claim is being reviewed, and if granted, his sleep apnea secondary claim will be reconsidered.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA) due to insufficient detail and rationale in the VA examiner's opinion. The Veteran’s lay statements, service treatment records, and VA treatment records indicate that his OSA may have begun during or shortly after service, but this needs further clarification.

The Veteran's back condition is rated at 20 percent, the maximum rating available under Diagnostic Code 5237. The Board denied a higher rating as his forward flexion was not less than 30 degrees and he did not have ankylosis.

The Board has remanded the case due to insufficient examination and new evidence submitted by the Veteran. The Veteran's service-connected PTSD, lumbar spine injury with sciatica, chronic constipation/GERD, umbilical hernia, erectile dysfunction, TBI, sinusitis, and cervical DJD with bilateral upper extremity radiculopathy are being considered as potential causes or aggravators of his OSA.

The Board has determined that the Veteran's sleep apnea disability had in-service onset and granted service connection for this condition.

The Board has decided to remand the case due to incomplete service medical records and a need for a VA examination to determine if sleep apnea is related to service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current Obstructive Sleep Apnea (OSA) is aggravated by his service-connected Adjustment Disorder with Depression and Anxiety.

The Veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for right ring finger impairment have been denied. The Board found no evidence linking the conditions to service.

The Veteran's service-connected disabilities do not preclude her from obtaining or maintaining substantial gainful employment, as the evidence does not show that they cause her to be unable to work.