Sleep apnea decisions — 2020

The Board denied an earlier effective date for service connection and increased rating for Obstructive Sleep Apnea, finding that the Veteran's claim had been continuously prosecuted since January 30, 2014. The Board also found no evidence of chronic respiratory failure or cor pulmonale requiring a tracheostomy.

The Veteran's claim for an increased rating for osteoarthritis of the lumbar spine is denied. The Board finds that his disability has not worsened beyond a certain point.,The Veteran’s claim for service connection for obstructive sleep apnea (claimed as unspecified problem sleeping) is remanded due to incomplete development.

The Board has found that more development is needed for the claims of service connection for a lumbar spine disability, right-hand disability, and sleep apnea. The Veteran's claims are REMANDED to obtain additional medical opinions regarding these conditions.

The Veteran's application to reopen his claim of service connection for a lung disorder is dismissed. His application to reopen the claim of service connection for a sinus disorder is granted, but he withdrew his appeal before the Board could make a decision on it. The Board also denied his claim of service connection for sleep apnea.

The Board has remanded the issues of service connection for OSA secondary to PTSD, initial compensable rating for bilateral hearing loss, and entitlement to TDIU prior to September 20, 2016. The Veteran's combined rating was 100% before September 20, 2016, but no single service-connected disability alone renders him entitled to TDIU prior to that date.

The Board has granted service connection for tinnitus and sleep apnea, finding that the Veteran's symptoms are related to his military service.

The Veteran's lumbosacral spine disability, OSA, generalized anxiety disorder, and TBI residuals are all granted with the appropriate ratings. The effective date for the higher rating of OSA is set at August 9, 2012.

The Board has granted service connection for obstructive sleep apnea, but has remanded the claim for an acquired psychiatric disorder originally claimed as insomnia.

The Veteran's major depression (claimed as PTSD) was not productive of total occupational and social impairment, but his overall disability picture warranted a 70 percent evaluation. The appeal for higher evaluations on the basis of substitution is denied.

The Board has remanded the claims of service connection for PTSD, type II diabetes mellitus, neuropathy of the bilateral upper extremities, erectile dysfunction, and sleep apnea due to new evidence indicating potential exposure to herbicides. The Veteran's statements regarding his stressors need to be verified, and a statement of the case should be issued on these issues.

The Veteran's PTSD is rated at 100% throughout the appeal period. The Board has also found that his sleep apnea should be remanded for further examination and opinion.

The Board has remanded the case due to issues with obtaining SSA records and needing a VA medical opinion regarding service connection for sleep disorders, specifically sleep apnea and RBD.

The Board has decided to remand the case due to incomplete records and the need for a VA opinion on whether the Veteran's sleep apnea is related to his active service.

The Veteran's claim for service connection for hypothyroidism, status post thyroidectomy for multinodular goiter is granted as related to in-service exposure to ionizing radiation. The effective date of the award of service connection for eczema is set at September 25, 2017, which was within one year of the Veteran's intent to file a claim. Hearing loss and sleep apnea are remanded due to inadequate examination reports.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to service or a service-connected disability.

The Board has decided to remand several issues related to the Veteran's service connection claims, including those for groin strain with right testicular pain, breathing problems, sleep apnea, acid reflux disease, bilateral foot disability, and back disability. The Veteran is asked to provide any relevant medical records from Dr. Anthony Cadena, Jr., and reschedule his examinations if necessary.

The Veteran's claim for service connection of PTSD has been granted. The claims for back sprain, right wrist disability, sleep apnea, and TDIU have been remanded.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for left and right leg disabilities, sleep apnea, adjustment disorder, and an undiagnosed illness. The TDIU claim is also being remanded due to its inextricability with other pending claims.

The Veteran's claims for increased ratings for sleep apnea and umbilical hernia were denied, while the claim for service connection for bilateral hearing loss was reopened but not granted. The Veteran's obstructive sleep apnea is rated at 50 percent since December 14, 2002, due to use of a CPAP machine. His postoperative umbilical hernia remains noncompensable as it does not meet the criteria for any higher rating.

The Veteran's service connection claims for a bilateral elbow condition, bilateral foot condition, cervical strain, lumbosacral strain, left knee degenerative arthritis, sinusitis, and migraine condition are denied. The Board finds that the preponderance of evidence is against these claims.,Service connection for a bilateral elbow condition (claimed as joint pains) is denied because there is no current disability. Service connection for a bilateral foot condition, including plantar fasciitis, is denied due to lack of in-service incurrence and continuity of symptomatology.