Sleep apnea decisions — 2020

The Veteran's claims for diabetes mellitus, hypertension, and sleep apnea have been denied as the evidence does not support a finding that these conditions are related to service.,A rating in excess of 70 percent prior to April 16, 2019 for PTSD with alcohol use disorder has also been denied.

The Veteran's claims for service connection for Erectile Dysfunction and Obstructive Sleep Apnea have been remanded due to the need for additional medical opinions regarding their relationship to his service-connected PTSD.

The Board has remanded the Veteran's claims for Obstructive Sleep Apnea and Left Wrist Disorder due to insufficient evidence. The Veteran will need to provide additional medical records, particularly from a private sleep study conducted in November 2011, and obtain an opinion regarding the etiology of his left wrist disorder.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no etiological relationship between his current sleep apnea and his service-connected lung disease. The evidence did not support a direct or secondary service connection.

The Board has remanded the Veteran's claims for service connection for sleep apnea and bilateral foot disorder due to insufficient medical opinions regarding causation and aggravation. The Veteran is seeking service connection on a direct basis, without any presumption or secondary theory.

The Board denied the Veteran's claim for an initial evaluation in excess of 50 percent for his service-connected sleep apnea, finding that the evidence did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.

The Veteran's appeal of the increased rating for bilateral tinnitus is dismissed. The claim for service connection for OSA and residuals of a TBI are reopened, but the request to reopen claims for PTSD, hiatal hernia and esophageal ulcer, and abdominal scar are denied.

The Veteran's claims for service connection for sleep apnea and a gastrointestinal disorder (GERD) have been denied as there is no evidence of a direct relationship between these conditions and their service. The Board found that the Veteran did not meet the criteria for secondary service connection due to her PTSD.

The Veteran's claim for service connection of obstructive sleep apnea has been reopened and granted. The appeal is also allowed as to the secondary service connection issue.

The Veteran's service connection claim for obstructive sleep apnea is remanded due to the need for updated treatment records and a VA medical opinion regarding the etiology of his condition.

The Board has determined that additional evidence is needed to decide the Veteran's claims for service connection for obstructive sleep apnea, a back disability, and an acquired psychiatric disorder. The case is being remanded for further development.

The Board has granted service connection for hypertension as aggravated by PTSD, but the claim for sleep apnea is remanded due to inadequate medical opinions.

The Board has decided to remand the claims for left knee disability and sleep apnea as secondary to service-connected conditions due to insufficient rationale in the previous VA examination. The Veteran's attorney provided additional information regarding obesity, which may affect the outcome of the claims.

The Board has remanded the case for further development, including obtaining additional VA opinions to address the nature and etiology of the Veteran's obstructive sleep apnea, as well as whether any service-connected disability caused or aggravated his obesity.

The Veteran is granted an effective date of August 3, 2016 for a 40 percent rating for his lumbosacral strain (claimed as lower back condition). The earlier effective date was determined due to the inadequacy of the June 2018 VA examination results.

The Board has remanded the claims for service connection and evaluations of various disabilities, including heart disability, obstructive sleep apnea, left elbow disabilities, and scars. The claims are being remanded due to inadequate development and compliance with previous remand directives.

The Board has remanded several issues related to service connection and rating for various conditions, including chest pain, sleep apnea, bilateral knee disorder, upper extremity carpal tunnel syndrome, right shoulder disorder, acne, facial scars, flatfoot, hypertension, memory loss, bipolar disorder, an acquired psychiatric disorder (including panic disorder with agoraphobia and depressive disorder), and migraines. The remand requires obtaining relevant VA treatment records, conducting additional examinations to determine the etiology of diagnosed conditions, and scheduling a new examination for migraines.

The Board has reopened the claim of service connection for obstructive sleep apnea (OSA) and denied the claim of service connection for hypertension. The case is being remanded to obtain a VA opinion on whether OSA is related to active service.

The Veteran's service-connected degenerative arthritis of the lumbar spine with lumbosacral strain is currently rated at 20 percent, effective July 27, 2011. The Board finds that a higher rating is not warranted as his disability does not meet the criteria for a rating in excess of 20 percent.