Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD, and obstructive sleep apnea due to insufficient evidence regarding the etiology of these conditions. The AOJ is instructed to verify the Veteran's claimed in-service stressors, schedule him for a VA examination to determine if he meets the criteria for a diagnosis of PTSD or any other psychiatric disability using DSM-V criteria, and provide an opinion on whether his sleep apnea is related to service.

The Board has remanded the case for further development due to inadequate VA opinions and failure to comply with previous remand directives.

The Board has remanded the case due to insufficient examination and lack of medical opinion regarding the relationship between the Veteran's sleep apnea and his active service. The Veteran is seeking service connection for his sleep apnea, which was diagnosed after discharge.

The Veteran's claims for service connection for lumbar and thoracic spine disabilities have been remanded due to insufficient evidence.,An effective date of February 1, 2016, has been granted for the left foot disability.

The Board has decided to remand the case for further development, including obtaining a clarifying VA medical opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea.

The Veteran's sleep apnea is being remanded for a VA examination to determine if it is related to his military service, service-connected musculoskeletal conditions, or burn pit exposure.

The appeal for an initial compensable rating prior to October 3, 2018 and a rating in excess of 20 percent therefrom for bilateral hearing loss is dismissed. The appeals for service connection for sleep apnea, tumor of the ear/brain, and gastroesophageal reflux disease (GERD) are remanded.

The Board denied service connection for various conditions, including cardiovascular disorder, anxiety disorder, depression, sleep apnea (OSA), skin disorder, neurological disorder, scleroderma, hearing loss, bone atrophy, and vision disorder. The decision found no evidence of these conditions during or immediately after service, and did not find a link to exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for OSA and assigned an initial rating of 30 percent for sinusitis. The Veteran's allergic rhinitis with recurrent sinusitis is also rated at the maximum allowable under the applicable criteria.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to ionizing radiation and chemical exposure to trichloroethylene (TCE) in service. The Veteran is seeking service connection for leiomyosarcoma.

The Board has granted service connection for an intermittent pruritic rash, but denied service connection for other skin disorders. The intermittent pruritic rash is found to be at least as likely as not due to the Veteran's in-service burn injuries.

The Veteran's initial claim for a higher rating for chronic lumbosacral strain was denied. A 40 percent disability rating, but not higher, was granted from January 8, 2015 to August 15, 2019 for the Veteran’s chronic lumbosacral strain. The Veteran's left and right knee conditions were also rated based on their specific disabilities.

The Board has determined that there is insufficient medical evidence to decide the Veteran's claims for service connection for lumbosacral plexopathy with nerve damage and a bilateral foot disorder. The case is being remanded for further development, including an addendum opinion from the VA examiner.

The Board has remanded the Veteran's claims for increased rating for PTSD, service connection for OSA, and a compensable rating for IBS prior to May 18, 2017 due to insufficient evidence in some cases.

The Veteran's right thumb disability is rated at 30% effective October 31, 2011. The spine condition remains under review.

The Veteran's service-connected disabilities, which include major depressive disorder and lumbosacral strain, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including major depressive disorder and lumbosacral strain, have prevented him from securing or following a substantially gainful occupation since October 31, 2009.

The Veteran's claim for service connection for a traumatic brain injury secondary to his service-connected tinnitus is denied. The Veteran's PTSD with insomnia is granted an initial disability rating of 50 percent from November 24, 2015, to February 8, 2017, and from April 1, 2017, to April 24, 2018. His claim for a TDIU is dismissed due to the assignment of a 100 percent disability rating for PTSD.

The Veteran's appeal for an increased rating of PTSD has been withdrawn. The case is remanded to determine if OSA is service-connected due to or aggravated by PTSD.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for acne rosacea, specifically his in-service exposure to nuclear atmospheric radiation. The VA examiner is requested to provide an addendum opinion on whether sun exposure during service may be causally connected to the Veteran's acne rosacea.