Sleep apnea decisions — 2020

The Board has granted service connection for right ear hearing loss, sleep apnea, and hypertension. The decision is based on direct service connection due to in-service noise exposure, a current service-connected respiratory disorder, and a current psychiatric disorder.

The Board denied the Veteran's claim for a TDIU rating, finding that his service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment.

The Board has found that additional development is needed for the issues of an evaluation in excess of 20 percent disabling for service-connected myofascial strain lumbosacral paraspinal muscles and entitlement to a total disability rating based on individual unemployability (TDIU). Specifically, a new examination is needed that complies with the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), and clarification regarding the Veteran’s diagnosis is required.

The Veteran's lumbosacral strain and associated radiculopathy are granted increased ratings, with separate ratings for each lower extremity. TDIU is remanded.

The Veteran's appeals for earlier effective dates on various service connection claims have been withdrawn.,All issues of increased ratings and TDIU have also been withdrawn.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's sleep disorder, including obstructive sleep apnea. The Veteran's STRs do not show any complaints or diagnoses related to his current condition, and the VA examiner found it less likely than not that his sleep disorder was incurred during service.

The Veteran's claim for service connection for systemic arthritis and left carpal tunnel syndrome was denied. The Board found no evidence of current diagnoses.,Service connection for low back disorder and sleep apnea is remanded due to insufficient evidence regarding the presence or etiology of these conditions.

The Board has remanded several issues for further development, including service connection claims and a dental treatment claim. The Veteran's hypertension is being reopened due to new evidence received within one year of the previous denial.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current diagnosis to his military service or exposure to contaminated water at Camp Lejeune.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence to support a direct or secondary relationship between his current condition and active service. The examiner concluded that the Veteran's OSA was more likely related to his longstanding obesity, which predates his service-connected conditions.

The Board has denied the Veteran's claims for service connection for a back disability and an acquired psychiatric disorder, finding insufficient evidence to establish a nexus between these conditions and his military service.

The Veteran's lumbar spine disability is granted at a higher rating of 20 percent since February 14, 2019. The issue of service connection for sleep apnea is remanded.

The Board has remanded the Veteran's claims of service connection for fatigue, neck disability, dizziness/vertigo, headaches, PTSD, sleep apnea, and acid reflux. The appeals are not about service connection under the presumptive provisions for Gulf War illness.

The Veteran's sleep apnea rating is being remanded due to the need for a new VA examination to assess its current severity and whether it overlaps with other conditions like his cardiac condition, weight-loss, and loss of teeth.

The Board has remanded the case due to a lack of discussion regarding whether the Veteran's service-connected musculoskeletal disabilities and/or tinnitus/insomnia disorder with adjustment disorder with depressed mood caused or aggravated his obesity, which in turn led to his obstructive sleep apnea. The case is now required for further examination and opinion.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The decision also grants secondary service connection for obstructive sleep apnea.

The Board has remanded the case for additional development to determine the etiology of the Veteran's sleep disorder, including his sleep apnea and shift work sleep disorder. The examiner is asked to consider various lay statements and medical records in forming their opinions.

The Veteran's claims seeking to reopen service connection for various conditions have been granted. The Board found that the submitted medical evidence was sufficient to reopen these claims due to new and material evidence.

Service connection for sinusitis, post traumatic headaches, sleep apnea with associated asthma and COPD, and TBI residuals is denied.,An effective date prior to January 21, 2015, for the grant of service connection for post traumatic headaches, sleep apnea with associated asthma and COPD, and TBI residuals is denied.

The Board has determined that the Veteran's low back disability is at least as likely as not incurred during service, and thus grants service connection for a back condition.