Sleep apnea decisions — 2020

The Board has decided to remand the case due to the need for additional development, including a new medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, but dismissed his claims for increased ratings for IBS and hearing loss disability as well as his claim for service connection for GERD.

The Veteran's claim for service connection for sleep apnea, hypertension, and a respiratory/lung disorder is granted. The claim for service connection for a left ankle disorder is referred to the RO for further action.

The Veteran's appeals for various service-connected conditions are being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination for PTSD. The TDIU appeal is also being remanded.

The Board has denied the Veteran's claims of service connection for obstructive sleep apnea and bilateral hand and wrist strains, finding that there is no evidence to support a direct or secondary relationship between these conditions and his military service. The case was remanded for further development.

The Board has determined that the Veteran's sleep apnea is not related to service or her service-connected disabilities, and therefore denied her claim for service connection.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected early asbestos lung disease. The Veteran needs a new VA medical opinion to determine if there is a nexus, causation, or aggravation.

The Board has remanded the issues of entitlement to service connection for obstructive sleep apnea and gastrointestinal disability (claimed as a stomach disability), and higher staged initial ratings for PTSD. The Veteran's claims are being returned to the AOJ for further development.,The issue of entitlement to service connection for skin disability, presumed due to herbicide agent exposure, is remanded. The AOJ must provide the Veteran with an appropriate VA examination and obtain a medical opinion regarding the etiology of his skin condition.,The Board has remanded the issue of higher staged initial ratings for PTSD. The Veteran's claims are being returned to the AOJ for further development.

The Board has determined that additional development is needed for the issues of service connection for sleep apnea, right knee disability, left knee disability, bilateral hearing loss, and tinnitus. The Veteran's claims are being remanded to allow for further examination and opinion.

The Board denied service connection for obstructive sleep apnea, finding that the evidence did not support a finding of onset during active service or causation related to service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service and grants service connection for this condition.

The Board denied the Veteran's claim for service connection of complex sleep apnea syndrome, finding that there was no evidence to support a pre-service diagnosis and concluding that his current condition did not begin during or as a result of military service.

The Veteran's initial rating for lumbosacral strain was denied, and he is currently rated at 40 percent. The ratings for left and right lower extremity radiculopathy were granted but not higher than 10 percent.

The Board has remanded the case due to insufficient examination and the need for a new VA examination to determine the current level of severity of the Veteran's low back disability, as well as to distinguish the symptoms attributable to his service-connected condition from those caused by a recent motor vehicle accident.

The Veteran's sleep apnea, left leg muscle conditions (RSD syndrome and CRPS), recurring prostatitis, and oligospermia are all granted service connection. Heart disease is denied as there was no evidence of a current disability or presumptive exposure to herbicides.

The Board denied the Veteran's claims of service connection for obstructive sleep apnea and an increased disability rating for lumbar-spine disorder. The VA examiner found no evidence linking OSA to active service, and concluded that it is less likely than not caused by or aggravated by PTSD with depressive disorder. For the lumbar spine issue, the Board agreed with the May 2019 VA examination's finding that there was insufficient evidence to support a connection between the Veteran’s service-connected PTSD and his current OSA.

The Board denied the Veteran's claims for service connection for a bilateral hand disability, basal cell carcinoma, thoracolumbar spine disability, obstructive sleep apnea, and hypertension.,There is no evidence of any current disabilities or symptoms related to these conditions during the pendency of the claim.

The Board denied the Veteran's claims for service connection for sleep apnea and granted a total disability rating due to individual unemployability. The decision found that there was no evidence of direct service connection for sleep apnea, but also noted that the Veteran’s PTSD rendered him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's March 2014 notice of disagreement (NOD) was timely with respect to the January 2012 rating decision denying service connection for sleep apnea, as it was not provided adequate notice. As a result, the appeal is granted.

The Board has remanded the case due to incomplete service treatment records and a need for an opinion on whether the Veteran's OSA was aggravated during his period of service from November 2011 to April 2014.