Sleep apnea decisions — 2020

The Veteran's service-connected lumbosacral strain does not prevent him from securing and maintaining substantial gainful employment.

The Veteran's service connection claims for arthritis, flat feet, OSA, and respiratory disorder (including allergic rhinitis and sinusitis) are being remanded due to the need for additional development including VA examinations.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected PTSD, including prescription medications taken for treatment of PTSD.

The Board has remanded the cases of service connection for bilateral hearing loss and obstructive sleep apnea due to insufficient evidence. The Veteran is seeking service connection for these conditions, but further examination and opinion are needed.

The Board has remanded the claims for service connection due to inadequate opinions in the previous VA examination. The Veteran's psychiatric condition, sleep apnea, and headaches are all being reviewed.

The Veteran's claim of service connection for sleep apnea and psychiatric disability to include PTSD has been remanded due to the need for additional evidence and medical opinions.

The Board has decided to remand the claim for service connection of OSA due to insufficient evidence and need for further examination. The examiner is requested to determine if OSA is related to service, specifically during active duty, or if it is aggravated by a pre-existing condition like hypertension.

The Board has decided that the Veteran's obstructive sleep apnea may be related to service, but needs further examination and evidence to make a determination. The case is being sent back for these purposes.

The Veteran is found eligible for a TDIU beginning October 1, 2009. The Board also remanded the cases for further examination and consideration of SMC based on need for aid and attendance or loss of use.

The Veteran's claims for service connection for erectile dysfunction, neuropathy, and sleep apnea are denied as there is no evidence of a nexus between his current disabilities and his military service. The claim for an increased rating for tinnitus is also denied as the maximum schedular evaluation has been assigned.

The Board has granted service connection for sleep apnea and remanded the claims for service connection for insomnia and hypertension. The Veteran's sleep apnea is found to have had its onset during active duty, while his insomnia is not considered a distinct condition separate from PTSD. Service connection for hypertension remains pending as it was not determined whether it had its onset in service or if it is caused by PTSD.

The Board has remanded the claims for service connection for hypertension, sleep apnea, and erectile dysfunction due to inextricably intertwined issues. The Veteran's hypertension is being reviewed again as it could significantly impact these other claims.

The Board has determined that the Veteran's sleep apnea was not present during service and is not etiologically related to his active service, including as secondary to his PTSD. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's claim for an increased rating for residuals of a fractured right ankle was granted, with a disability rating of 20 percent effective from the date of the decision. The lumbosacral strain with spondylolisthesis claim remains pending.

The Board denied service connection for left and right shoulder disorders, left and right elbow disorders, and bilateral lower extremity varicose veins. However, it granted service connection for sleep apnea as secondary to PTSD.

The Veteran's claims for an initial rating in excess of 50 percent for sleep apnea and an initial compensable rating for hypertension have been dismissed. The claim for a higher rating for residuals of a gunshot wound, muscle group XIII with scar is remanded.

The Veteran's PTSD is characterized by occupational and social impairment with reduced reliability and productivity, but has not shown total occupational and social impairment. The claim for a higher evaluation for PTSD is granted.

The Veteran's claims for service connection for sleep apnea, plantar fasciitis of both feet, and arthritis of the right great toe have been granted. The Board found that there was sufficient evidence to establish a link between these conditions and service.

The Board has denied a higher rating for the Veteran's lumbosacral strain with degenerative disc disease and remanded the issues of service connection for cervical radiculopathy and TDIU.

The Veteran's lumbosacral DDD rating was restored from 40% to 40%, effective December 1, 2010.