Sleep apnea decisions — 2020

The Veteran's headaches are granted as service-connected.,The Veteran's tinnitus is denied a rating in excess of 10 percent.

All claims for service connection prior to July 27, 2010 have been dismissed due to the absence of allegations of specific errors in fact or law.,The claim for a higher initial rating for patellofemoral syndrome left knee with arthritis and limited flexion has also been dismissed.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA is related to his military service, specifically his in-service symptoms of snoring and difficulty sleeping.

The Board has remanded the issues of service connection for prostate cancer, hypertension, and obstructive sleep apnea due to secondary to PTSD and/or exposure to asbestos. The Veteran's claims will be further evaluated with additional medical opinions considering the submitted articles.

The Board has decided that the Veteran's sleep apnea is aggravated by his service-connected PTSD, but needs further clarification and evidence. The case is being sent back to the VA for a new opinion.

The Veteran's claim of service connection for sleep apnea, headaches, bowel disorder, right lower extremity radiculopathy, and lower left extremity radiculopathy is being remanded due to the need for additional examinations and opinions.

The Board has found that additional evidence was submitted and remanded the cases for further review. The issues of service connection have been returned to the AOJ for consideration.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea should be remanded due to insufficient opinions on causation and aggravation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA is related to his service-connected PTSD, and if so, whether it was caused or aggravated by PTSD.

The Veteran's claims for service connection for periodontal gum disease and hepatitis A have been denied. The Board has remanded the remaining issues due to insufficient evidence.,The Veteran was not granted service connection for his claimed psychiatric, heart, sleep apnea, neck, upper extremity radiculopathy, head injury residuals, skin disorder, ankle, or knee disabilities.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, and therefore service connection for PTSD is denied. The remaining issues related to left knee replacement, lumbosacral degenerative arthritis with IVDS, left lower extremity sciatica, and costochondritis with rib subluxation and left breast numbness are remanded due to the need for additional examinations.

The Veteran's current sleep disorder is not service-connected, but the Board has ordered a remand to determine if any existing sleep disorder is related to his military service.

The Board has granted an effective date of April 8, 2015 for the assignment of a separate 10 percent rating for right lower extremity radiculopathy associated with lumbosacral strain with a history of L4/5 spondylosis.

The Veteran's claims for diabetes mellitus type II, hypertension, and obstructive sleep apnea are being remanded due to the need for further development. The claims for these conditions have been reopened based on new evidence submitted by the Veteran.,The Veteran's claim for service connection for hypertension is being reopened as there is new evidence suggesting a possible link between her condition and service. Her claim for obstructive sleep apnea has also been reopened with similar reasoning.

The Board has remanded several service connection claims due to the need for further development and adjudication. The Veteran's claims for left ear hearing loss, sleep apnea, hypertension, headaches, colonic diverticula (claimed as abdominal pain), low back disability, right knee disability, left leg disability, right leg disability, right ankle disability, right foot disability, and kidney disability are all remanded.

The Board has remanded the Veteran's claims of service connection for sleep apnea and right knee degenerative arthritis due to inadequate opinions in the original decision. The Veteran is also seeking service connection for his left knee strain with degenerative arthritis, but this claim was not addressed in the original decision.

The Board has remanded the claims for service connection for various conditions, including sleep apnea, hypertension, erectile dysfunction, hip disorders, ankle disorders, and bilateral knee and hearing loss. The reasons for remand include needing to address whether obesity caused or aggravated these conditions due to PTSD or diabetes.

The Veteran's appeals for higher disability ratings and financial assistance have been remanded due to the need for additional medical opinions. The eligibility for specially adapted housing has already been granted.

The Board has remanded the Veteran's claims for additional review of new VA treatment records submitted since the last Statement of the Case. The issues include rating and service connection for various conditions, including a left knee disability, tinnitus, laceration of the right eye, skin rash (itching), headaches secondary to the laceration, vision loss, ischemic heart disease due to herbicide exposure, hypertension to include as secondary to herbicide exposure, sleep apnea to include as secondary to herbicide exposure, hyperechoic liver mass to include as secondary to herbicide exposure, posttraumatic stress disorder (PTSD), and hyperlipidemia.

The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.