Sleep apnea decisions — 2020

The Veteran's service-connected mitral valve replacement with residual scar and obstructive sleep apnea are not granted increased ratings or service connection, respectively.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a nexus between his current diagnosis and his period of active duty.

The Board has remanded the case due to inadequate examination results and a need for another VA examination to assess the severity of the Veteran's service-connected chronic back disability.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to Agent Orange exposure or service-connected PTSD.

The petition to reopen service connection for lumbosacral strain with spinal fusion was granted. Service connection for obstructive sleep apnea was denied, and the claim for an increased rating in excess of 10 percent for bilateral hearing loss is still pending.

The Veteran's claims for service connection for tinnitus, obstructive sleep apnea, diabetes mellitus, pseudofolliculitis barbae, right knee disability (limitation of flexion), and bilateral foot disability have been granted. The appeals for the issues of service connection for eczema and an evaluation in excess of 10 percent for right knee arthritis status post anterior cruciate ligament repair are dismissed.

The Board has dismissed the claims for bilateral shin splints, sinusitis, and a heart disability. The claim for reopening of service connection for lumbosacral strain is remanded due to new evidence submitted by the Veteran.

The Veteran withdrew all issues on appeal, including service connection and increased rating claims for PTSD, back disability, cervical spine disability, sleep apnea, and prostate cancer. As a result, the Board has dismissed these appeals.

The Board has determined that the Veteran does not have left ear hearing loss for VA compensation purposes.,Service connection claims for right ear hearing loss, tinnitus, shortness of breath (undiagnosed illness), stomach condition (acid reflux/GERD), sleep apnea, varicose veins, and migraines/headaches are remanded due to the need for additional development.

The Board has determined that additional development is needed for the remaining issues on appeal, including a respiratory disability, dizziness and vertigo, and GERD. The Veteran's claims are remanded to obtain further medical opinions and records.

The Board has decided to remand several issues related to the Veteran's service connection claims, including sleep apnea, hemorrhoids, and right testicle disability. The additional VA treatment records and examination reports must be reviewed by the AOJ before these cases can be reconsidered.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD and depression, and sleep apnea due to outstanding VA treatment records and a need for further medical examination.

The Veteran's appeal for service connection for squamous cell carcinoma has been reopened and granted. The claims for increased ratings of peripheral neuropathy, sleep apnea, atrial fibrillation, and hypertension have all been granted.

The Board denied service connection for obstructive sleep apnea as secondary to PTSD with unspecified depressive disorder with anxious distress.,Service connection was also denied for acid reflux and gastroesophageal reflux disease (GERD).

The Veteran's service-connected disabilities, including PTSD and sleep apnea, rendered him unable to obtain or maintain substantially gainful employment as of January 22, 2008. The effective date for the award of Total Disability Evaluation Based on Individual Unemployability (TDIU) is set at January 22, 2008.

The Board has decided that the claim for secondary service connection for sleep apnea should be remanded due to inadequate opinion regarding its relationship to service-connected mitral valve prolapse and/or hypertension.

An effective date of April 27, 2016, is granted for service connection for sleep apnea. A higher initial rating for sleep apnea, currently rated as 50 percent disabling, is denied.

The Board has granted service connection for bilateral hearing loss and sleep apnea, finding that the Veteran's conditions are at least as likely as not related to his military service. The decision is based on medical evidence showing in-service noise exposure leading to current hearing loss, and symptoms of snoring and fatigue during service leading to current sleep apnea.

The Board has restored the appellant's disability rating for his service-connected degenerative disc disease of the lumbosacral spine from 40% to 40%, effective April 21, 2017. The reduction was improper as there was no evidence showing actual improvement in the appellant’s ability to function under ordinary conditions.

The Veteran's claims for service connection for obstructive sleep apnea and hypertension have been remanded due to the need for additional medical opinions regarding their etiology.