Sleep apnea decisions — 2020

The Veteran's appeal for a temporary total evaluation based on the need for convalescence following surgical treatment for service-connected coronary artery disease is dismissed as moot.,The Veteran's appeal for an initial compensable evaluation for Merkel cell carcinoma is dismissed.,The Veteran’s appeals for service connection and increased evaluations related to hypertension, sleep apnea, and TDIU are remanded due to the need for additional VA medical opinions.

The Board has identified errors in the duty to assist and remands the cases for further development, including obtaining VA examinations.

The Board has dismissed the appeals of service connection for soft tissue sarcoma, tinnitus, and chronic eye condition with visual impairment due to the death of the appellant.

The Board has remanded several issues related to the Veteran's service connection claims, including sleep apnea and various hip and back disabilities. The appeals are being returned for additional development.

The Board denied service connection for obstructive sleep apnea due to a lack of evidence linking the condition to active service.,Service connection is remanded for bilateral foot disorder and residuals of cold injury of hands as additional records are needed.

The Veteran's applications to reopen previously denied claims of entitlement to service connection for bilateral hearing loss and a cervical spine disorder have been granted. The claim for an initial rating in excess of 20 percent for lumbosacral strain with degenerative changes of the lumbar spine remains pending.,Service connection has been established for bilateral hearing loss, a cervical spine disorder (secondary to service-connected lumbosacral strain), and lumbosacral strain with degenerative changes of the lumbar spine.

The Veteran's claim for service connection for sleep apnea syndromes and TDIU based on service-connected disabilities was denied. The Board found that the evidence did not support a finding of direct service connection for the sleep apnea disability, and also noted that the Veteran’s service-connected conditions did not preclude him from obtaining or maintaining substantially gainful employment.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there was no evidence linking his current condition to any in-service event or exposure. The preponderance of the evidence showed that the Veteran did not experience symptoms related to sleep apnea until after he left active duty.

The Veteran's bilateral hearing loss is granted as service-connected. The respiratory disorder to include sleep apnea and the left foot disorder other than pes planus are denied.

The Board denied service connection for hypertension and found that the Veteran is not entitled to a TDIU due to his service-connected disabilities, as his combined rating does not meet the required percentage threshold.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and PFT testing. The issue of whether separate ratings should be assigned for sleep apnea and asthma remains on appeal.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current obstructive sleep apnea is related to his service-connected PTSD and if it is aggravated by his PTSD. The decision also mentions that the claim for individual unemployability (TDIU) is inextricably intertwined with the service connection claim.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his service-connected PTSD with major depressive disorder.

The Board has decided to remand the case due to a duty-to-assist error, specifically failing to schedule the Veteran for a VA examination related to his claim of service connection for sleep apnea.

The Board has remanded the case due to a duty to assist error, specifically regarding the examination and opinion on the nature and etiology of any sleep disorder found to be present, including obstructive sleep apnea.

The Veteran's claim for residuals of nose fracture is granted. The claim for hypertension is denied, and the claim for sleep apnea is remanded.

The Veteran's claim for a rating in excess of 50 percent for sleep apnea is dismissed. A 60 percent rating for brachio-radial pruritus/urticaria is granted subject to the laws and regulations governing the award of monetary benefits. The claims for service connection for left ankle, elbow, and hand disabilities are remanded.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability, effective from August 2018, which is the date of filing of her claim. The current rating reflects forward flexion to 30 degrees or less.

The Board has determined that the Veteran's current sleep apnea disability was not incurred in or caused by his military service, and therefore denied his claim for service connection.

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