Sleep apnea decisions — 2020

The Veteran's claims for right forearm liposarcoma and left groin disability were dismissed due to withdrawal by the Veteran.,Claims for bilateral hand and foot tremors, anemia (pernicious anemia), respiratory disability (COPD, recurrent pneumonia, residuals of pneumonia), blood clot disability (pulmonary embolism, thrombophlebitis), and diverticular disease were denied as there is no credible evidence linking these conditions to service.

The Board dismissed the appeals for service connection for bilateral hearing loss, sleep apnea, scars as residuals of hernia surgery, a dental condition, a lower back condition, and a left foot condition. Service connection was granted for PTSD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected anxiety disorder and right hip trochanteric pain syndrome. The application to reopen the previously denied claim of entitlement to service connection for lower back disability is denied.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's current condition is related to his in-service weight gain and obesity, which are linked to his service-connected PTSD.

The Board has dismissed all claims related to the appellant's death, including service connection for asthma prior to May 24, 2019 and for hypertension, PTSD, and sleep apnea.

The Board has remanded the Veteran's claims for increased ratings for his right knee and back disabilities, as well as his claim for service connection for sleep apnea. The cases are being remanded to obtain additional medical opinions regarding functional loss and symptomatology related to the Veteran's conditions.

The Board has granted the Veteran's petition to reopen his claim of service connection for erectile dysfunction and restored a 20% disability evaluation for lumbosacral strain with degenerative arthritis. The appeal regarding chronic kidney disease aggravated by hypertension, left lower extremity sensory deficit, right lower extremity sensory deficit, and TDIU prior to February 22, 2016 is still pending.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected back disability and his claimed leg disabilities. The case is returned for further development.

The Board has determined that additional medical examinations are needed to determine the nature and etiology of the Veteran's bilateral foot, ankle, knee, wrist, leg venous insufficiency, and sleep apnea disorders. The issues have been remanded for these purposes.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition had its onset during his active duty and is related to his military service.

The Board has granted the Veteran's claim to reopen his service connection for obstructive sleep apnea, finding that new and material evidence supports this claim. The Board also found in favor of the Veteran on his secondary service connection claim for obstructive sleep apnea, attributing it to his service-connected disabilities including depression, knee conditions, and low back strain. However, the Board denied the Veteran's claim for service connection for prostate cancer, finding that there is no evidence linking this condition to his military service.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the incomplete nature of the VA examiner's opinion. The Board requires a supplemental examination and an additional medical opinion to determine if the condition was incurred in or caused by his active service.

The Board has granted service connection for a spine disorder, including spinal stenosis, lumbosacral strain, and herniated lumbar disc. Service connection was denied for bilateral sensorineural hearing loss and the issue of service connection for restless leg syndrome (secondary to spine disorder) is remanded.

The Board has decided to remand the case due to inadequate medical opinions and additional development is needed.

The Board has determined that the VA examination did not address whether the Veteran's neck disorder and sleep apnea are secondary to service-connected disabilities, such as unspecified depressive disorder, residuals of left shoulder injury, bilateral knee chondromalacia patellae, tinnitus, and hearing loss. Therefore, further development is needed.

The Board has remanded several issues related to the Veteran's claims for service connection, including respiratory and sleep disorders, left shoulder disorder, neck spasms and radiculopathy, right knee disorder, left knee disorder, and heat edema of the right lower extremity. The remand includes obtaining VA treatment records, scheduling a DRO hearing, and requesting expert opinions on the nature and etiology of these conditions.

The Veteran's appeal for a total disability rating based on individual unemployability is dismissed. The issues of increased ratings for erythema nodosa of the legs and an earlier effective date for Dependents' Educational Assistance (DEA) are remanded.

The Board has determined that the grant of service connection for OSA was not clearly and unmistakably erroneous, thus restoring it.

The Board has decided that the Veteran's claim for service connection for liposarcoma, including as due to in-service ionizing radiation exposure, should be remanded for further development and an opinion from a health care provider.

The Board has decided that another medical opinion is needed regarding the etiology of the Veteran's sleep apnea, specifically addressing whether it was present during service and related to a service-related upper airway abnormality.