Sleep apnea decisions — 2020

The Veteran's service connection and increased rating claims are being remanded due to the need for additional medical opinions regarding his sleep apnea, liver condition, and hypertension. The SSA records must also be obtained.

The Veteran's back disability, characterized as lumbosacral strain, has been rated at 20 percent since November 2017. The rating is based on the presence of muscle spasms severe enough to result in an abnormal gait or abnormal spinal contour.

The Board has granted the reopening of claims for service connection for hypertension, sleep apnea, hiatal hernia, and diabetes mellitus due to exposure to environmental hazards in the Gulf War. The appeals are remanded for further development.

The Veteran's lumbosacral strain is rated at 10 percent, and the Board has denied an increased rating. The TDIU claim is also remanded for further adjudication.

The Veteran's combined disability rating has been at least 80 percent since February 23, 2007. Despite having multiple part-time and full-time jobs with substantial earnings from April 2017 to July 2019 as a security guard, the Board found that he was employable throughout his appeal period.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional medical examinations and assessments.

The Board has denied service connection for a lumbosacral spine disability and remanded the claim for respiratory disorder (COPD). The Veteran's current lumbosacral arthritis is not considered to be related to his military service, as there was no evidence of such in-service. For COPD, the Board found that an addendum opinion is needed due to conflicting medical records.

The Board has denied service connection for bilateral hearing loss due to the lack of a current disability. The case is remanded for further examination and opinion regarding obstructive sleep apnea.

The Board has granted service connection for primary idiopathic cold agglutinin autoimmune hemolytic anemia. The case is remanded to determine the nature and etiology of any current skin disorder, including urticaria and/or rosacea.

The Board has denied service connection for obesity, shin splints, sleep apnea, and sinusitis. The claims for sleep apnea and sinusitis are remanded due to insufficient evidence.

The Board has granted service connection for sleep apnea, but the claims for left foot disability, left elbow disability, and back disability are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for sleep apnea and respiratory disability (including COPD) due to inadequate opinions from VA examiners. The claims are being returned for further development, including obtaining additional medical records and providing appropriate medical opinions.

The Veteran's application to reopen his claim for service connection of colon cancer was granted. Service connection for hypertension, kidney stones, left leg disability, right leg blood clots (including swelling and weeping), deep vein thrombosis of the left lower extremity, neuropathy, lung disability, heart disability, sleep apnea, spinal cancer tumor, and stroke were denied.

The Board denied a claim for an increased rating in excess of 20 percent for lumbosacral strain with dextroscoliosis, finding that the Veteran's symptoms did not warrant a higher rating based on limitation of motion or neurological impairment.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, and the Board has decided to remand this case for further examination and rating considerations.

The Veteran's service connection for sleep apnea and anxiety disorder is denied. The rating in excess of 30 percent for anxiety disorder from November 26, 2013 to January 8, 2017 is also denied. A rating in excess of 70 percent for anxiety disorder since January 9, 2017 is denied. An effective date prior to January 9, 2017 for the grant of a TDIU is also denied.

The Veteran was granted TDIU from December 19, 2018 due to his service-connected disabilities. However, the Board also remanded for extraschedular TDIU consideration prior to that date.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of current hearing loss disability. The Veteran's tinnitus, however, was found to be related to his combat service and granted.,Service connection for tinnitus has been established due to the Veteran's reports of noise exposure during active duty and the presumption under 38 U.S.C. § 1154(b).

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his active service, granting entitlement to service connection.

The Board denied service connection for the Veteran's cause of death, finding that his causes of death were not related to service or a service-connected disability.