Sleep apnea decisions — 2020

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was insufficient evidence to link the condition to his active service or any service-connected disability.

The Veteran's sleep apnea, diabetic heart disease, unspecified depressive disorder, abdomen scar, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity have been granted service connection. The effective dates for these awards are December 13, 2017.

The Board has denied the Veteran's claims for service connection for hiatal hernia, gastroesophageal reflux disease (GERD), esophageal spams, and sleep apnea. The evidence does not support a finding of these conditions during or immediately after service.,There is no medical opinion linking any of these conditions to service, including presumed exposure to Agent Orange.

The Veteran's right hand traumatic arthritis and obstructive sleep apnea have been granted service connection. The rating for the left foot fracture is also granted at a noncompensable level.

The Veteran's lumbar spine disorder, radiculopathy of the lower extremities, obstructive sleep apnea, and pulmonary hypertension have been granted service connection. The heart disorder claim is remanded for further examination. The numbness of upper extremities and arthritis claims are also remanded.

The Board has remanded the case due to a duty to assist error regarding the relationship between the Veteran's current back disorder and his service-connected bilateral plantar fasciitis. The Veteran is requested to undergo a VA examination to determine if his back disorder is related to his military service or caused by his service-connected bilateral foot disability.

The Board has granted service connection for sleep apnea and recognized M.M. as the Veteran's spouse for additional dependency compensation, but only effective from February 13, 2012.

The Veteran's claim for a rating in excess of 10 percent for left lower extremity peripheral neuropathy was denied. The Board found the level of impairment to be most analogous to mild incomplete paralysis. The Veteran's sleep apnea claim is remanded due to failure to obtain relevant service treatment records and VA examination.

The Veteran's claim for earlier effective date of April 3, 2017, for service connection of obstructive sleep apnea is granted. The decision finds that the earliest date of receipt of a claim was April 3, 2017.

The Board has remanded the claims for service connection of the Veteran's claimed conditions, including buttocks condition, lumbosacral spine degenerative disc disease, left arm swelling, left leg condition, and left shoulder condition. The AOJ is instructed to consider whether these conditions are related to lymphedema and/or venous insufficiency, as well as any potential aggravation by obesity.

The Board has decided to remand the claims for service connection for sleep apnea, irritable bowel syndrome (IBS), and a higher initial disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD). The Veteran will need to undergo additional examinations to determine if his conditions are related to service or service-connected PTSD.

The Board has remanded the case due to a duty to assist error, requiring an addendum VA medical opinion to determine if the Veteran's sleep apnea had its onset during service or is related to his service-connected PTSD.

The Board has remanded the case due to a scheduling error for an examination and readjudication of the service connection claim.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active service and is related to his service-connected depression. Therefore, the claim for service connection for sleep apnea is granted.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a current disability related to his military service or secondary to his service-connected sinusitis.

The Board has remanded the case due to inadequate opinions from previous VA examiners regarding the etiology of the Veteran's obstructive sleep apnea. The examiner is required to consider the Veteran's reports and exposures during service, as well as his current service-connected conditions.

The Board has denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his service-connected conditions do not prevent him from securing or following substantially gainful employment. The Board also remanded the issue of a disability rating in excess of 10 percent for the period from March 19, 2012, to August 1, 2018, for service-connected degenerative joint disease of the lumbar spine.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) and medications prescribed therefor.

The Board has remanded several claims for further development due to incomplete records and the need for additional medical opinions. The Veteran's service connection claims are being returned to VA for these purposes.

The Board denied an initial rating in excess of 20 percent for lumbosacral strain prior to February 25, 2019. The Veteran's disability was found to be manifested by forward flexion to 50 degrees with no additional functional limitation due to pain.