Sleep apnea decisions — 2020

The Veteran's initial compensable rating for sleep apnea is granted from June 1, 2010, to June 4, 2018. A higher rating of more than 30 percent is denied.,A higher rating of more than 50 percent for sleep apnea is denied as of June 5, 2018.,The Veteran's initial compensable rating for right hip degenerative joint disease based on limitation of extension is granted from June 1, 2010, to October 17, 2017. A higher rating of more than 10 percent is denied.,A higher rating of more than 10 percent for right hip degenerative joint disease based on limitation of flexion is denied as of June 1, 2010, to October 17, 2017.

The Veteran's initial rating for lumbosacral strain with spondylolysis and degenerative disc disease is granted at a 40 percent rating, effective the entire appeal period. The Veteran's left knee strain remains rated at 10 percent, and his hypertension is denied.

The Board has denied service connection for a corneal scar of the right eye, OSA, and hypertension due to lack of evidence linking these conditions to service. The claims for OSA and hypertension are remanded for further development.

The Veteran's claims for service connection for iron deficiency anemia and sleep apnea are remanded due to insufficient development of the medical evidence.

The Board denied the Veteran's claims for service connection of a left shoulder condition, lumbosacral and thoracic sprain, an initial rating in excess of 20 percent for a right shoulder rotator cuff tendonitis, and service connection of tension headaches.

The Board has found that there is an approximate balance of positive and negative evidence regarding the Veteran's claims for allergic rhinitis, hemorrhoids, and obstructive sleep apnea. The Veteran's service connection claims are granted for allergic rhinitis and hemorrhoids. However, his claim for obstructive sleep apnea remains pending as further development is needed.

The Board has granted service connection for right and left foot disabilities, bilateral eye disability, sleep apnea, erectile dysfunction, bilateral kidney disability, and bilateral lung disability. Service connection is denied for muscle spasms.

The Board has determined that the VA examiner's opinion is inadequate for adjudication purposes and remands the case for further examination to determine if the Veteran’s sleep apnea had its onset in or is otherwise related to service, and whether it is aggravated by his service-connected PTSD.

The Board denied service connection for obstructive sleep apnea (OSA), including as due to service-connected posttraumatic stress disorder (PTSD) and an in-service apneic event, finding that the evidence does not support a link between OSA and active service or any incident of service.

The Board has determined that additional efforts are needed to obtain the Veteran's current address and schedule him for VA examinations. The claims for increased ratings, service connection, and secondary service connection will be remanded.

The Veteran's claim for obesity is dismissed. The claims of service connection for CAD, diabetes mellitus, and hypertension are granted to the extent that new evidence has been received supporting these claims. Other issues remain pending.

The Veteran's claims for service connection have been reopened, and the Board has remanded several issues including those related to lower back disability, upper right jaw disability, left shoulder disability, arthritis, diabetes mellitus (due to herbicide exposure), and an acquired psychiatric disorder.

The Veteran's claim for increased ratings for his chronic lumbosacral sprain was denied. For the period prior to April 8, 2020, a rating in excess of 20 percent is not warranted. From April 8, 2020 forward, a rating in excess of 40 percent is also not warranted.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board has granted entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU).

The Board has remanded the Veteran's claims for service connection for six conditions due to a lack of reasonable efforts in obtaining his Coast Guard Reserve records and an inadequate August 2014 skin disorder examination. The Veteran is entitled to additional evidence and argument, as well as VA examinations or medical opinions.

The Board has remanded the Veteran's claims for service connection for vertigo and sleep apnea, as well as his increased rating claim for bilateral hearing loss. The claims are being remanded due to conflicting medical evidence and the need for further examination.

The Board has remanded the case due to the need for obtaining private treatment records from Pensacola Lung Group Sleep Science Center.

The Board has granted service connection for emphysema and sleep apnea, but denied service connection for bilateral tinnitus. The Veteran's emphysema is found to be related to his active service, while his sleep apnea is also linked to his PTSD. Tinnitus was not incurred in service.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected diabetes mellitus, finding that the evidence did not support a causal relationship between the two conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed sinus disability, sleep disability, low back disability, neck disability, left shoulder disability, and right shoulder disability. The VA is required to provide a new examination or opinion if it finds that the current evidence of record is inadequate.