Sleep apnea decisions — 2020

The Board has remanded the claims for service connection due to a lack of evidence regarding herbicide agent exposure in Thailand and Guam. The Veteran is asked to provide more details about his alleged exposures.

The Board has decided that the Veteran's obstructive sleep apnea is not service connected, but due to his PTSD. The decision now requires a new examination to determine if the PTSD aggravated the sleep apnea.

The Board has remanded the Veteran's claims for service connection for psychiatric disorder, erectile dysfunction, and sleep apnea due to insufficient evidence. The Veteran will need to undergo additional VA examinations to address these issues.

The Board has decided to remand the claim of service connection for sleep apnea due to new and relevant evidence submitted by the Veteran.

The Board denied the Veteran's claim for service connection for sleep apnea secondary to his service-connected vasomotor rhinitis, finding that there was no evidence of a link between the two conditions.

The Board has denied a higher rating for the right shoulder disability and granted a separate 20 percent rating for limitation of range of motion. The lumbosacral strain issue was dismissed due to an untimely Notice of Disagreement, and service connection for the left shoulder disability is remanded due to a duty to assist error.

The Board has granted service connection for GERD, sleep apnea, and migraine headaches as secondary to the Veteran's service-connected bilateral knee and ankle conditions.

The Board has dismissed the Veteran's appeals for service connection of PTSD, parasomnia, and sleep apnea due to the January 2019 rating decision being issued before the effective date of VA's modernized review system.

The Board has denied service connection for a cervical disability. The right knee, left knee, bilateral flatfeet, and sleep apnea issues have been remanded due to insufficient evidence.

The Veteran's major depressive disorder is rated at 70 percent effective March 18, 2019.,Service connection for sleep apnea and migraine headaches secondary to major depressive disorder is remanded.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether sleep apnea is related to service.

The Veteran's sleep apnea has been granted service connection, and his migraine headaches have been granted a 30% rating. The issue of whether the Veteran is in substantially gainful employment due to his migraines remains pending.

The Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected unspecified depressive disorder is granted. The issue of entitlement to a total disability rating based on individual unemployability prior to September 26, 2019 remains before the Board.

The Veteran's claim for a higher initial rating for lumbosacral strain with degenerative arthritis was granted, and he is now receiving a 20% evaluation effective September 19, 2011. The decision also addressed the retroactive effective date of this rating.

The Board has remanded the Veteran's claims of entitlement to service connection for right ear hearing loss, obstructive sleep apnea, and an increased rating for his acquired psychiatric disorder. The case is also remanded for a TDIU determination.,The Board has also remanded the issue of entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU).,The Veteran's claims are being remanded for further development, including obtaining medical records and scheduling examinations. The case will be readjudicated after all development is completed.,The Board has also remanded the issue of entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU).

The Veteran's acquired psychiatric disorder, including unspecified depressive disorder with anxious distress and other specified trauma and stressor disorder, is found to be at least as likely as not related to his military service. Service connection for obstructive sleep apnea, hypertension, and headache disability are also granted as secondary to the diagnosed psychiatric condition.

The Board has remanded the cases for further development and consideration due to outstanding medical records and a need to provide requested documents.

The Board has denied the Veteran's claim for a higher rating for PTSD and has remanded his claims regarding service connection for OSA, which is related to his service-connected PTSD.

The Board denied service connection for OSA, finding that the Veteran's disability is not etiologically related to his active service.,The Board denied service connection for a cervical spine disability, finding that the Veteran's disability is not etiologically related to his active service.,The Board denied service connection for spondylotic myelopathy, finding that it is not due to his active service.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that it began during a period of active duty training (ACDUTRA) and continues to exist.