Sleep apnea decisions — 2020

The Veteran's claim for a higher rating for major depressive disorder with anxious distress (also claimed as PTSD) was denied, and he is still rated at 70 percent. The Veteran also received SMC based on the need for aid and attendance due to service-connected disabilities.

The Board has decided to remand the cases for further development and examination, including obtaining updated treatment records and an addendum opinion regarding the relationship between the Veteran's OSA and service.

The Board has denied the claim for service connection for lumbosacral strain, finding that there is no evidence of a current disability and no causal relationship to service. The claims for bilateral hearing loss and tinnitus are remanded due to a duty-to-assist error.

The Board has determined that new and relevant evidence has been received to reopen the claims for service connection of a lumbar spine disorder, right ankle disorder, and left leg disorders. The claims are now remanded for further development.

The Veteran's appeal to reopen his service connection claim for obstructive sleep apnea was dismissed because he withdrew his Notice of Disagreement.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding her sleep problems, including whether they are related to service-connected PTSD.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's sleep disorder, specifically sleep apnea and hypoventilation/hypoxia. The examiner is requested to provide an addendum opinion on whether these conditions are related to service exposure to burn pits in Iraq.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD, as well as the potential aggravation of sleep apnea by diabetes mellitus. The Veteran will need additional medical evaluations to address these issues.

The Veteran's acquired psychiatric disorder other than PTSD, unspecified depressive disorder, is granted. The issues of service connection for alcohol abuse as secondary to service-connected PTSD and obstructive sleep apnea as secondary to alcohol abuse and service-connected PTSD are remanded. Service connection for hypertension due to service-connected disabilities (including diabetes mellitus) and herbicide exposure is also remanded. Service connection for a skin disorder due to herbicide exposure is remanded. The issue of entitlement to an initial evaluation in excess of 30 percent for PTSD is remanded. TDIU is also remanded.

The Board has remanded the cases for addendum opinions regarding whether the Veteran's OSA and ED are aggravated by his service-connected PTSD.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition was not incurred during or caused by his active military service.

The claim for service connection for sleep disturbance, including obstructive sleep apnea, is reopened. The case is remanded to obtain an opinion on the etiology of the Veteran's claimed sleep disturbances and whether they are related to his service-connected PTSD.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and granted service connection for this condition.

The Board has decided to remand several issues related to the Veteran's service-connected and claimed conditions, including left lung scarring, obstructive sleep apnea, nerve damage of the upper back, left shoulder disorder, and chest wall stiffness. The decision does not specify a rating assigned or effective date.

The Veteran is granted a TDIU from January 14, 2010 to October 31, 2011.,The Veteran's claim for an extension of the temporary total disability rating due to surgery necessitating convalescence is remanded.

The Veteran's back disability is rated at 40 percent, and separate ratings of 20 percent are granted for right and left lower extremity radiculopathy. The Board has remanded the claims for service connection for an eye disorder, bilateral shoulder strain, elbow arthritis, hand arthritis, and knee arthritis.

The Board has determined that additional development is needed for the Veteran's claims of service connection for obstructive sleep apnea and facial scars. The VA examinations are required to address all applicable theories of entitlement, including secondary service connection.

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 his military service or any service-connected disability.

The Board has remanded the Veteran's claims for PTSD and OSA due to insufficient examination findings, and additional evidence needs to be considered.

The Board has determined that there was not substantial compliance with the remand directives and has decided to remand the case for further development, including obtaining additional medical records and providing an addendum opinion regarding whether the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected PTSD.