Sleep apnea decisions — 2020

The Board has granted service connection for chronic lumbosacral strain/mechanical low back pain, finding that the evidence is at least in equipoise and resolving all doubt in favor of the Veteran.

The Board has decided to remand the Veteran's claim for service connection of a back condition, which is related to his GERD. A new VA examination and expert medical opinion are needed to determine if the GERD treatment (using an orthopedic pillow) caused or aggravated the low back condition.

The Board has remanded the Veteran's claims for service connection for sleep apnea, interstitial lung disease, COPD, and bronchiectasis as secondary to asbestos exposure. The AOJ must obtain a new medical opinion addressing the relationship between these conditions and in-service asbestos exposure.

The Board denied service connection for sleep apnea and interstitial pulmonary fibrosis, finding that the evidence did not support a direct relationship to service or exposure at Camp Lejeune.

The Board has remanded the claims for service connection for sleep apnea and COPD, as these conditions are related to the Veteran's service-connected MDD. The VA will obtain missing STRs and provide new medical opinions regarding the etiology of both conditions.

The Veteran's service-connected lumbosacral strain/degenerative arthritis of lumbar spine is functionally limited to 25 degrees of flexion, and the Board finds a need for a new VA examination to determine the current severity of the disability. The case is remanded due to the need for this examination.

The Board has decided that there was not substantial compliance with previous remand directives and has ordered a new development to adjudicate whether the November 2012 rating decision contained CUE in granting service connection for tinnitus, bilateral hearing loss, depression, and peripheral neuropathy of the right arm. The effective date for sleep apnea is still being considered.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's service-connected PTSD and/or status post left tibia stress fracture aggravated her obesity, which in turn caused or substantially contributed to her obstructive sleep apnea (OSA).

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected adjustment disorder with PTSD, mixed anxiety and depressed mood. The decision also denied a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including sleep apnea, adjustment disorder with mixed emotional features, left knee arthritis, right shoulder arthritis, lumbar spine strain, cervical spine strain, hiatal hernia, left elbow dislocation, hypertension, hemorrhoids, post laceration of the right thigh with residual scar, and right shoulder surgical scar associated with right shoulder arthritis. As a result, special monthly compensation based on aid and attendance is granted.

The Veteran's service-connected TBI is found to cause his obstructive sleep apnea, acquired psychiatric disorder (including anxiety and bipolar disorders), migraines, tinnitus, and ED. Effective dates are granted for these conditions starting from October 5, 2016.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea, depression, and an increased rating for a right knee condition due to additional evidence being added to his claim file.

The Board denied the Veteran's claim of entitlement to service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service or any presumptive exposure to herbicides. The Board also found insufficient evidence to establish a secondary service connection based on obesity and asthma.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder. The issue of a disability rating in excess of 50 percent for PTSD and the TDIU claim are remanded.

The Board dismissed the appeals of the Veteran's claims for a compensable rating for cellulitis and service connection for sleep apnea as they were withdrawn by the appellant's authorized representative prior to the promulgation of a decision.

The Board denied an initial disability rating in excess of 20 percent for lumbosacral strain, finding that the evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, which is required for a higher rating under DC 5237.

The Board has granted a 20 percent disability rating for lumbosacral strain, effective November 24, 2015. The appeal related to individual unemployability (TDIU) is dismissed.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his obesity, which is a result of his service-connected disabilities including PTSD and orthopedic conditions, was a substantial factor in causing his sleep apnea. The decision also found that this condition would not have occurred without his obesity.

The Veteran's sleep apnea is granted as secondary to his service-connected chronic rhinosinusitis. The appeal is granted in this limited scope.

The Veteran's obstructive sleep apnea and abnormal renal disorder are granted as service-connected. The abnormal renal disorder may be related to medications for his service-connected conditions.