Sleep apnea decisions — 2020

The Board has decided that the Veteran's obstructive sleep apnea may be related to service, based on his reported symptoms and a credible lay statement from a fellow servicemember. However, the VA examiner’s opinion is inadequate as it did not address whether the condition was related to an in-service injury or sustained during service.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted due to the severity of his symptoms.

The Veteran's back disability, including lumbosacral strain and degenerative arthritis of the lumbar spine, had its onset in service. The claim is granted as the evidence supports a nexus between active service and the currently diagnosed conditions.

The Veteran's service-connected disabilities did not render her unable to work prior to April 13, 2016. The Board denied entitlement to individual unemployability based on extraschedular consideration.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.

The Board has remanded the case due to incomplete development and need for clarification on the nature of the Veteran's psychiatric disorder. The claims for service connection are also pending.

The Board has denied the Veteran's claims for service connection for tendonitis of the right hand, left hand, and a lumbosacral strain (claimed as low back disability) due to lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection for sleep apnea, bilateral hearing loss disability, erectile dysfunction, a sleep disorder (RLS), and a headache disorder (migraines) are being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent for patellofemoral syndrome of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a compensable evaluation for a scar of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent prior to May 29, 2018 and higher than 40 percent from that date for low back strain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a separate evaluation for bilateral sciatic radicular pain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development.

The Board has decided to remand the case due to insufficient examination and consideration of lay statements regarding in-service back pain. The Veteran's lumbar spine disability is being returned for further development.

The Veteran's claims for sleep apnea, hypertension, type II diabetes mellitus (DM II), and erectile dysfunction are granted as secondary to his service-connected PTSD with dysthymic disorder. The remaining claims of service connection for skin cancer and adrenal gland lesion are remanded.

The Board denied service connection for sleep apnea, finding that the Veteran's current diagnosis is not related to his military service and does not meet the criteria for presumptive service connection due to exposure at Camp Lejeune. The Board also found no evidence of a link between Crohn's disease and sleep apnea.

The Board has remanded the case for further development and evaluation of whether the Veteran's currently diagnosed obstructive sleep apnea had its onset in, or is otherwise related to, service. The examiner should address both the Veteran's in-service symptoms and his current diagnosis.

The Board has determined that new and material evidence has been received to reopen claims for service connection for various conditions, including sarcoidosis, PTSD, depressive disorder, lumbar spine disability, left knee disability, bilateral shin splints, and headaches. The appeals are pending further adjudication.

The Veteran's lumbosacral strain and right lumbar radiculopathy were not rated higher than the assigned percentages, with the exception of a separate rating for right lumbar peroneal nerve radiculopathy. The case is remanded due to issues related to these conditions.

The Board has remanded several claims including service connection, disability ratings, and effective dates due to new evidence received after the issuance of the SOC.

The Veteran's appeal for a higher rating on sleep apnea has been withdrawn.,Claims for earlier effective dates for hypertension and sleep apnea have been dismissed as the evidence does not support such claims.

The Board has denied service connection for a heart disability and remanded the issues of service connection for a back disability and sleep apnea syndromes (obstructive, central, mixed) secondary to posttraumatic stress disorder. The case is being returned to the agency of original jurisdiction for further development.

The Board has granted the Veteran's claims for service connection for bilateral plantar fasciitis, obstructive sleep apnea (OSA), and hypertension. All three conditions are found to have originated in-service and continue to be treated by VA.

The Board has remanded the case due to insufficient medical opinion regarding whether OSA is a medically explained diagnosed illness and for further development on service connection in Southwest Asia.

The petition to reopen the previously denied claim for service connection for a right knee injury is granted. The claims for initial compensable rating for service-connected allergic rhinitis, bilateral knee disorders (left and right), left carpal tunnel syndrome, right carpal tunnel syndrome, sinusitis, obstructive sleep apnea, and acquired psychiatric disorder are all remanded due to the need for additional evidence.