Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for a rating greater than 50 percent for sleep apnea with asthma and entitlement to special monthly compensation due to incomplete development of the issues.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's lumbosacral strain, as the previous examination report did not fully satisfy the requirements set forth in Correia v. McDonald (2016). The effective date claim is denied.

The Board denied reopening of previously denied claims for PTSD, anxiety, depression, sleep apnea, and bilateral tinnitus. The evidence did not meet the criteria to reopen any of these claims.

The Veteran's claim for a TDIU is remanded due to the fact that his combined rating does not meet the schedular criteria, but he has been unable to find suitable employment due to service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Board denied service connection for Obstructive Sleep Apnea (OSA) as it was not incurred in or aggravated by service, and is not proximately due to, aggravated by, or the result of a service-connected disability.

The Veteran's tinnitus is granted as service connected.,The Veteran's OSA is granted as secondary to his obesity, which was caused by his service-connected diabetes mellitus.

The Veteran's cervical spine disability and PTSD were denied service connection due to lack of evidence linking these conditions to his military service.,Service connection for vertigo was also denied as there is no current diagnosis or evidence of a vertigo disability.

The Board has granted the Veteran's claim to reopen his service connection for sleep apnea, finding that new and material evidence supports a link between his service-connected left knee and ankle disabilities and his obesity, which led to his development of sleep apnea.

The Veteran's asthma and obstructive sleep apnea are currently rated at 30% and 50%, respectively, but the Board has decided to remand these issues for further evaluation.

The Board has reopened the Veteran's claim for service connection for sleep apnea, but has remanded it due to insufficient evidence regarding its relationship to his service-connected depressive disorder and obesity.

The Veteran's lumbosacral spine DDD and associated radiculopathy have been granted ratings, with the right lower extremity radiculopathy receiving a 60 percent rating since February 27, 2001. The effective date for these grants is not specified.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals. The Board has also remanded several issues including sleep apnea, lower back disability, and bilateral knee disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no evidence that his current condition had its onset in service or is otherwise related to service.

The Veteran's claims for service connection for right ear hearing loss, left knee disability, and OSA have been denied. The case is remanded for further evaluation of the left knee disability and for a VA examination to assess the Veteran's OSA.

The Veteran's claims for service connection have been reopened, and the Board finds that new and material evidence has been received to reopen his previously denied claims for obstructive sleep apnea and right hip disability. The Veteran is granted service connection for these conditions.,The Veteran's bilateral foot disorder (flat feet and plantar fasciitis) claim remains pending as VA examination is needed to determine the nature and etiology of this condition.

The Veteran's petition to reopen a claim for service connection for obstructive sleep apnea is granted. The appeal for service connection for obstructive sleep apnea and hernia/soft tissue sarcoma is remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his military service. The VA examiner needs to provide a new opinion considering the Veteran's in-service complaints and continuity of symptoms.

The Veteran's claim for bilateral hearing loss is denied. The Board finds no evidence of a current disability meeting VA criteria for hearing loss, and the Veteran has not provided sufficient credible evidence to establish service connection.

The Board has remanded the claims for service connection for right knee disability, left knee disability, and lumbosacral strain due to inadequate opinions regarding their etiology.

The Veteran's sleep apnea is remanded for further development to determine its relationship to service-connected PTSD and any other service-connected conditions.,The Veteran's bilateral pes planus is remanded for further development to determine its relationship to service or a service-connected condition.,The Veteran's right foot bone spur is remanded for further development to determine its relationship to service or a service-connected condition.,The Veteran's bilateral eye disorder (dry eye syndrome) is remanded for further development to determine if it is related to exposure to burn pits during service.,The Veteran's right knee disorder is remanded for further development to determine its relationship to service.