Sleep apnea decisions — 2020

The Board denied the Veteran's petitions to reopen claims for service connection for various conditions, including a cervical spine condition, bilateral neuritis of the upper extremities, hypertension, sleep apnea, and high cholesterol. The decision found no new and material evidence that would support reopening these claims.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his active service.

The Board has remanded the cases for further development and an opinion regarding the etiology of the Veteran's migraine headaches.

The Veteran's appeal is remanded for additional examinations to assess the current severity of her service-connected panic disorder, depressive disorder, and lumbosacral strain with DJD. Her TDIU claim is also remanded due to its inextricability from the increased rating claims.

The Board has determined that a remand is necessary to obtain an adequate opinion regarding whether the Veteran's back disability is related to his military service, or in the alternative, caused or aggravated by his service-connected bilateral knee arthritis.

The Veteran's claims for service connection for sleep apnea, a left knee disorder, lumbar/thoracolumbar spine degenerative disc disease as secondary to the right knee disability, degenerative arthritis of the left knee as secondary to the right knee disability, and hip conditions (right and left) are all granted. The claim for service connection for sleep apnea is remanded.

The Veteran's service-connected PTSD and lumbosacral strain have prevented him from obtaining and retaining substantially gainful employment. The Board has determined that the criteria for an award of a TDIU are met, but has also remanded his claims for right shoulder disorder, left shoulder disorder, and sleep disorder to include sleep apnea.

The Board has granted service connection for left ankle disorder and lumbosacral strain as secondary to the Veteran's service-connected left knee disabilities. The right hip disorder and TDIU issues are remanded.

The Board has remanded the Veteran's claims of service connection for sleep apnea and an increased rating for GERD due to insufficient evidence in the record.

The Veteran's claims for service connection have been reopened and are now pending. The issues of entitlement to service connection for degenerative disc disease, spinal spondylitis, obstructive sleep apnea, bilateral knee disorder, bilateral ankle disorder, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (PTSD) remain on appeal.

The Veteran's initial compensable evaluation for scar, status post right inguinal hernia surgery prior to January 23, 2017, and an increased rating in excess of 10 percent thereafter was denied.,Service connection for sleep apnea is remanded.

The Veteran's claims for a rating in excess of 10 percent for his lumbosacral strain and TDIU are being remanded due to the need for additional examinations and records.

The Veteran's appeals for service connection were dismissed. The Board found that the Veteran withdrew his appeals of right knee and right shoulder disorders, granted service connection for IBS, and remanded other issues due to lack of adequate medical opinions.

The Board denied the Veteran's claims for service connection for diabetes mellitus, left knee disability, bilateral hearing loss, sleep apnea, and hypertension. The decision found that there was no evidence of a chronic condition in service or within the applicable presumptive period, and that the current disabilities were not related to service.

The Veteran's acquired psychiatric condition, including PTSD, major depressive disorder, and anxiety disorder, is granted as service-connected.,An increased initial rating of 10 percent for hypertension is granted.

The Board denied the Veteran's claim for service connection for a sleep disorder other than sleep apnea, finding that there is no current diagnosis of such a condition and that any symptoms are related to his already service-connected PTSD.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's claim of direct service connection for obstructive sleep apnea, as there was no in-service diagnosis or event linked to his current condition. For PTSD, the Board noted that while the Veteran had occupational and social impairment due to symptoms such as chronic mood disturbances and sleep impairment, these were not sufficient to meet the criteria for a 70% rating under DC 9411.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected sinusitis, needs further clarification and evidence. The case is being remanded for a VA medical opinion.

The Veteran's sleep apnea is remanded for further examination and development due to the close proximity of his separation date and initial diagnosis.

The Board dismissed the appeal of five separate issues related to service connection for various conditions, as the appellant died during the pendency of the appeal.