Sleep apnea decisions — 2020

The Board has determined that the VA examinations are inadequate and remands the cases for further development, including a new examination.

The Board has granted service connection for sleep apnea and tinnitus as secondary to the Veteran's service-connected sinusitis. The facial pain claim was denied.

The appeal has been dismissed due to the appellant's death, and no further action will be taken on these claims.

The Veteran's claim for service connection for a low back disability has been reopened, but the evidence does not establish a nexus between his current condition and active service. The Board finds new and material evidence to support this claim.

The Board has dismissed the appeals for COPD with emphysema and obstructive sleep apnea. The appeals for diabetes mellitus type II and hypertension are remanded.

The Veteran's lumbar strain and obstructive sleep apnea have been granted service connection as secondary to his service-connected disabilities. However, the Veteran's hip condition, high blood pressure (hypertension), anemia, and gastroesophageal reflux disease (GERD) have not met the criteria for service connection.

The Board has remanded the case due to new evidence and insufficient opinions regarding service connection for arthritis and aggravation of sleep apnea by PTSD.

The Board has reopened the claim of service connection for obstructive sleep apnea and granted it, finding that new evidence submitted since the last denial supports a finding that the Veteran's current condition is related to his active service.

The Board has granted service connection for tinnitus as secondary to service-connected bilateral hearing loss. The issue of sleep apnea is remanded due to the need for a VA examination.

The Board has remanded several issues due to the need for additional medical opinions regarding the relationship between service and certain disabilities.,These include lung disability, headache disability, dermatological disorder, bilateral foot disability, sleep disorder, hip strain, and ankle disability.

The Board has decided to remand the case due to issues related to the Veteran's obesity and sleep apnea, specifically whether his service-connected PTSD caused or aggravated these conditions.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and development of records.

The Board has remanded the cases of the Veteran's headache condition and obstructive sleep apnea for further development. The claims are to be reviewed with a focus on whether these conditions are related to service, particularly considering any in-service symptoms reported by the Veteran and his spouse.

The Board has remanded the Veteran's claims for service connection for OSA and an acquired psychiatric disability, including PTSD and depressive disorder due to inadequate medical opinions in previous examinations. The Veteran is seeking service connection based on his reported symptoms during and after service.

The Board has remanded the case due to a motion for review of attorney fees, and the issue of whether the fee is reasonable will be referred to the Office of General Counsel.

The Board has determined that the Veteran's claim for service connection for vision problems is denied as there is no current diagnosis of a vision disability.,The Board has also determined that the Veteran's claims for service connection for neuropathy, coronary artery disease, sleep condition (likely sleep apnea), headache condition, and psychiatric disability (PTSD) are remanded due to insufficient evidence.

The Board has granted a 30 percent rating for post-concussive headaches, but dismissed the claims for tinnitus and scar on chest. The remaining issues have been remanded due to insufficient evidence.

The Veteran's service-connected PTSD is granted a 70% disability rating, effective from August 14, 2013. The remaining issues of service connection for various foot and ankle conditions, shin splints, and sleep apnea are remanded.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected radiculopathy of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Veteran's service connection claim for arrhythmia and heart disability is denied. A 100 percent rating for major depressive disorder is granted, effective from the filing of the claim. The Veteran's headaches are rated as noncompensable prior to October 8, 2019, but a 30 percent rating is granted since that date. The Veteran's TDIU claim is denied. Service connection for obstructive sleep apnea is remanded.