Sleep apnea decisions — 2020

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Veteran withdrew his appeals for hypertension and sleep apnea, which were dismissed as a result.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his obesity was not caused by his service-connected knee disabilities and thus secondary service connection could not be established.

The Board has granted the reopening of claims for service connection for various conditions, including lung disorder (COPD), acquired psychiatric disorder (PTSD), cervical spine disorder (neck strain), varicose veins, sleep apnea, and chronic heart disorder (MI). These issues are being remanded for additional VA examination to address conflicting medical opinions.

The Veteran withdrew his appeals regarding various conditions and ratings, leading to the dismissal of all pending claims.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected major depressive disorder with anxious distress and somatic symptom disorder, chondromalacia patella of the left knee, right knee instability associated with retropatellar pain syndrome, and bilateral elbow bursitis.

The Board denied the Veteran's claims for service connection for radiculopathy in the right lower extremity and granted a 20% rating for lumbosacral strain. The Board found no current disability of radiculopathy in the right lower extremity, and thus denied service connection. For lumbosacral strain, the Board noted that the Veteran's symptoms more nearly approximated the severity level contemplated by the 20 percent rating criteria.

The Board has decided that a VA examination is needed to determine if the Veteran's sleep apnea condition originated during his active service or is etiologically related to it.

The Board has granted service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the Veteran's sleep apnea had its onset in service. As a result of this decision, the Veteran now has service connection for his sleep apnea.

The Board has determined that the VA examinations for both conditions were inadequate and remanded to provide further evaluations.

The Veteran's bilateral hearing loss is granted as service-connected.,The Veteran's sleep apnea, secondary to his service-connected type II diabetes mellitus, is also granted as service-connected.

The Board has determined that the Veteran's OSA, cardiovascular disease, and hypertension are related to his service-connected PTSD and requires further examination and opinion.

The Board has found new and relevant evidence that may support the Veteran's claim for service connection for a low back disorder. The case is being remanded to allow the AOJ to conduct a de novo review of this issue.

The Board dismissed the appeal of attorney fees as a result of past-due benefits awarded in a February 2019 rating decision, which granted service connection for major depressive disorder with generalized anxiety disorder and sleep apnea.

The Board has determined that there was a duty-to-assist error in the October 2019 rating decision and remands the case for further development, including obtaining an addendum opinion to address the nature and etiology of the Veteran's sleep apnea.

The Veteran's appeal for back pay for a 100% permanent rating is dismissed because the notice of disagreement did not specify which decision or issue he was appealing.

The Veteran withdrew his appeals regarding increased ratings for hemorrhoids and arthritis of the right shoulder, as well as service connection for obstructive sleep apnea.

The Veteran's claim for an earlier effective date for the grant of a 50 percent evaluation for obstructive sleep apnea with COPD is denied. The effective date cannot be earlier than August 26, 2018 as it was more than one year after his separation from service.

The Board denied service connection for insomnia, finding that the most probative evidence established that the appellant does not currently have a separate and distinct disability characterized by insomnia.

The Board has remanded the case due to inadequate examination and needs further evaluation of the Veteran's sleep apnea, including its onset during service or relationship to PTSD.