Sleep apnea decisions — 2020

The Board has decided to remand the Veteran's claims due to the need for additional examinations and assessments of his service-connected conditions, as well as the need to determine if any disorders are without conclusive pathophysiology or etiology.

The Veteran's claims for service connection for low back, asthma, right knee, and neck conditions have been denied as there is no evidence of a nexus between the current disabilities and active duty service.,Service connection was not granted because the medical records do not show any in-service injury or disease that could be linked to the current conditions.

The Board has decided to remand the case due to a lack of VA examination for sleep apnea, and the need for further development.

The Veteran's claim of service connection for right ear hearing loss is granted.,The Veteran's claim of service connection for left ear hearing loss is not reopened and denied.,The Veteran's claim of service connection for migraine headaches is not reopened and denied.,The Veteran's claim of service connection for OSA is denied.,The Veteran's claim of service connection for bilateral ankle condition is denied.,The Veteran's claim of service connection for myoclonic jerking is denied.,The Veteran's claim of service connection for a right shoulder disability is denied.,The Veteran's claim of service connection for gastrointestinal disorder is not reopened and denied.

The Board has granted service connection for the Veteran's sleep apnea, finding that it was incurred in service.

The Board dismissed the appeal for entitlement to service connection for sleep apnea due to the Veteran's withdrawal of his claim. The remaining issues (bilateral hearing loss, tinnitus, right ankle disorder, right knee disorder, and left knee disorder) are remanded for further development.

The Veteran's claims for service connection for various conditions, including hearing loss and tinnitus, have been granted. However, the issues of service connection for hypertension, skin disorder (including actinic keratosis and rosacea), diabetes mellitus, bilateral upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy are remanded due to insufficient evidence or procedural errors.

The Board has remanded the Veteran's claims of service connection for lumbosacral strain and skin rash due to insufficient evidence in their favor. A new VA examination is needed for both conditions.

The Veteran's claim for service connection for lumbosacral strain has been reopened, and the Board has remanded his claims for an acquired psychiatric disorder and a higher rating for Hepatitis C. The VA will obtain additional medical records and provide supplemental opinions to address these issues.

The Board has remanded several issues related to service connection and disability ratings for various conditions, including migraines, neck disability, back disability, sleep apnea, high blood pressure, diabetes, varicose veins of the left lower extremity, left shoulder disability, and anxiety. The Veteran's SSA records have not been associated with the claims file.

The Veteran's petition to reopen his claim of service connection for PTSD was granted. The claims for asbestos-related lung disability and psychiatric disability, including PTSD, were denied due to lack of evidence linking the disabilities to service. Service connection for obstructive sleep apnea was also denied.

The Veteran's claims for service connection for left arm and shoulder disability, sleep apnea, and diabetes mellitus, type II are remanded due to the need for additional examinations.

The Board has decided to remand the Veteran's claim for a sleep disorder due to insufficient opinions regarding his service connection and aggravation claims. The case will be returned for further development.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted, as the evidence supports that OSA began during active service.

The Board has remanded the claims for sleep apnea, chronic sinusitis and allergic rhinitis, hypertension, and migraine headaches due to inadequate VA examinations. The Veteran must be provided with new examinations that address his contentions regarding aggravation of sleep apnea by a service-connected stressor disorder, the etiology of his sinus and allergy conditions, the onset and relationship to service of his hypertension, and the relationship between his headache disorders and any service-connected disabilities.

The Veteran's claims for service connection were denied, and the Board found no new and material evidence to reopen them. The effective dates for grants of service connection or increased ratings were also denied.

The Board has remanded the cases for further development due to non-compliance with previous remand directives regarding new and material evidence and service connection.

The Board has reopened the claim for service connection for lumbar spine degenerative joint and disc disease due to new evidence submitted. The issue of service connection for sleep apnea is remanded for further development.

The Veteran's increased ratings for cervical spine, left knee, and right knee disabilities have been denied.,Service connection has been granted for OSA.

The Veteran's obstructive sleep apnea was not incurred or aggravated by service, and the Board finds that it is less likely than not related to his service-connected right knee disability.