Sleep apnea decisions — 2020

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there is no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to obesity caused or aggravated by his service-connected low back disability.

The Veteran's claims for increased disability rating for lumbosacral strain, service connection for left ankle disability, and TDIU are being remanded due to the need for additional examinations and medical opinions.

The Veteran's claim for service connection for sleep apnea was denied in September 2014. The Board has reopened the claim due to new and material evidence, but remanded for a VA examination to determine if his current sleep apnea is related to his active service.

The Veteran's claims for sleep apnea, hypertension, and migraines were denied in the February 2015 rating decision. The claim for bilateral lower extremity neurological disability was also denied.,A petition to reopen the diabetes claim has been received, but the service connection is still denied.

The Veteran's application to reopen claims for service connection for bilateral hearing loss and a neuropsychiatric disorder was granted. Claims for diabetes, chronic fatigue syndrome, carpal tunnel syndrome, gastroesophageal reflux disease (GERD), occipital neuralgia, and an acquired psychiatric disorder other than PTSD were denied.,The Veteran's claim for service connection for coronary artery disease, hypertension, and obstructive sleep apnea is remanded.

The Board has decided to remand several claims, including those for increased ratings and TDIU. The main issues are related to the Veteran's heart condition and spine conditions.

The Board has remanded the case due to a lack of an adequate medical opinion regarding the etiology of the Veteran's sleep apnea. The AOJ is instructed to obtain and consider a new VA opinion on this issue.

The Board denied service connection for right hip and low back disorders, finding no in-service injury or disease related to these conditions.

The Veteran's gout is granted with an initial rating of 60 percent, effective April 1, 2016. Other service connection claims are denied.

The Veteran's appeals for an initial compensable rating for left index finger laceration with scar and an effective date earlier than February 20, 2013 for the grant of service connection for left index finger laceration with scar have been withdrawn.,The Board has remanded cases involving entitlement to service connection for sleep apnea, a rating in excess of 10 percent for DDD L5-S1, and a rating in excess of 30 percent prior to September 1, 2018, and a rating in excess of 10 percent thereafter for GERD.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's sleep apnea, including considering service treatment records and a home sleep study test. The appeal will be remanded for these purposes.

The Board has remanded the Veteran's claims for service connection for sleep apnea and diabetes mellitus type II due to insufficient development in previous examinations. The Veteran is required to be examined by a sleep specialist at an alternative location.

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

The Board has denied the Veteran's claims for service connection for Obstructive Sleep Apnea and Thyroid Disorder, finding that the evidence does not support a relationship to his active service or any service-connected disability.

The Board denied service connection for PTSD, IBS, and sleep apnea/sleep disturbance due to lack of credible supporting evidence for the claimed in-service stressors and other medical findings.

The Veteran's claims for service connection for irritable bowel syndrome and sleep apnea have been denied, as the evidence does not support a finding that these conditions are related to his military service. The claim for increased rating of scarring of the occipital scalp has also been denied.

The Board dismissed the appeal because no substantive appeal was filed for the increased rating claims of PTSD and back disability, and the service connection claim for sleep apnea has been granted.

The Board has determined that the Veteran's lumbosacral strain, right knee strain, and right shoulder strain are related to his service. The decision is based on evidence showing these conditions began during his active duty.

The Veteran's right ear hearing loss is currently rated as 0 percent disabling, and the Board finds that a higher rating is not warranted.,Service connection for obstructive sleep apnea has been denied due to lack of evidence linking the condition to service. The claim will be remanded for further development.,Service connection for an acquired psychiatric condition (major depressive disorder) remains pending as the Veteran's claims have been remanded.

The Veteran's claim for service connection for PTSD has been granted. The Board finds that the Veteran incurred PTSD in his active service and resolves reasonable doubt in his favor. Other claims, including those related to lumbosacral strain, right shoulder strain, right ankle sprain, left foot strain, alcohol use disorder secondary to PTSD, and depressive disorder secondary to service-connected disability, are remanded for further development.