Sleep apnea decisions — 2020

The Board has remanded the claims for service connection for a sleep disorder and an acquired psychiatric disability, including depression, as secondary to service-connected disabilities.

The Board has decided to remand several claims for further evaluation, including a new VA examination for bilateral hearing loss and additional medical records for other conditions.

The Veteran's claims for service connection for an acquired psychiatric disorder and OSA have been granted, but the claim of service connection for OSA is now moot as it has already been resolved. The Board dismissed the appeal due to lack of jurisdiction.

The Board has decided that the Veteran's claim for service connection for OSA, as secondary to his service-connected PTSD, should be remanded due to insufficient evidence and a potential scheduling error.

The claim for an increased rating of 100 percent for major depressive disorder prior to July 2, 2019 is denied. The claim for service connection for sleep apnea secondary to major depressive disorder is remanded.

The Board has denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence to support a causal link between his in-service respiratory complaints and his current condition.

The Board has determined that new evidence submitted after the July 2018 denial supports a claim for service connection for obstructive sleep apnea. However, the Board found insufficient evidence to establish a link between the Veteran's current condition and his military service.

The Board has decided that a remand is needed to correct a pre-decisional duty to assist error regarding the Veteran's claim for service connection for obstructive sleep apnea.

The Veteran's claims for service connection for lumbosacral strain and radiculopathy of the bilateral lower extremities, secondary to a low back disability are denied as there is no evidence of a claim or intent to file a claim prior to March 19, 2018.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that it was not incurred in service and is not related to a service-connected disability.

The Veteran's appeals for service connection and increased ratings were dismissed due to their death.

The Board has reopened the Veteran's claims for service connection for PTSD, headaches, OSA, and polyarthralgia and joint pain. The case is REMANDED to obtain additional medical opinions regarding the nature and likely cause of these conditions.

The Board denied the Veteran's claims for service connection for a bilateral knee disability, sleep apnea, vision disability, and neck disability. The appeal was also remanded for further examination of the neck disability.

The Board has granted restoration of a 40 percent disability rating for the Veteran's degenerative arthritis of the spine with disc displacement, lumbosacral region effective October 1, 2018. The claim for an increased rating to a higher than 40 percent rating was denied.

The Veteran's right shoulder disability (Bankart’s lesion) is granted, and the rating for lumbosacral strain remains at 10 percent.

The Board has dismissed the appeals for service connection for traumatic brain injury residuals and migraine headaches. The remaining issues of service connection for lumbosacral spine disability, cervical spine disability, left knee disability, right knee disability, hypertension, and erectile dysfunction are remanded.

The Board has determined that the Veteran's obstructive sleep apnea had onset during service and is granting service connection for this condition.

The Board denied service connection for neurosarcoidosis, finding that the evidence does not support a direct or secondary relationship to active service.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is related to service or any other conditions.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from May 1, 2014 to August 1, 2016 due to his service-connected disabilities that precluded substantially gainful employment.