Sleep apnea decisions — 2020

The Board has granted service connection for obstructive sleep apnea and remanded the remaining claims of low back disability, right knee disability, bilateral wrist disabilities, and bilateral finger neuropathy.

The Board has decided to remand the case due to insufficient evidence regarding the causal relationship between the Veteran's service-connected musculoskeletal disabilities and weight gain, as well as the aggravation of weight gain by these conditions. The Board also needs to determine if the current sleep apnea is caused or aggravated by the service-connected sinusitis.

The Veteran's obstructive sleep apnea is rated at 50 percent, which does not meet the criteria for a higher rating.,Right knee strain with limitation of flexion is rated at 10 percent and right knee instability is separately rated at 10 percent. The left knee strain with limitation of extension is rated at 20 percent from August 22, 2019, and left knee instability is separately rated at 10 percent.,The Veteran's initial claims for bilateral knee pain were denied in November 2011 but reopened on March 27, 2017. The effective date of service connection for right and left knee disabilities was assigned as March 20, 2017.,SMC based on housebound status is not granted earlier than January 6, 2017.

The Board has remanded the case due to insufficient evidence to determine if the Veteran's sleep apnea is related to his military service. The case will be reviewed with a VA medical opinion.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his active service or a service-connected condition.

The Veteran's sleep apnea is granted as service-connected, with the onset during service.,Service connection for bilateral foot disability is granted. The Veteran's current disabilities are linked to his active service.

The Veteran's irritable bowel syndrome is currently rated as 10 percent disabling prior to March 20, 2019 and as 30 percent disabling as of that date. The Veteran's acquired psychiatric disorder (claimed as Depression and PTSD) and sleep apnea are both remanded for further examination and opinion.

The Board has granted service connection for obstructive sleep apnea and denied a rating in excess of 30 percent for COPD. The claim is reopened due to new evidence, and the Veteran's obstructive sleep apnea is found to be caused by his service-connected COPD.

The Board has found insufficient evidence to adjudicate the claims for service connection for erectile dysfunction and secondary service connection for diabetes mellitus, type II. The claim is therefore remanded for further development.

The Board denied the extension of a temporary total evaluation for right knee convalescence, and remanded both the increased rating claim for right knee residuals and the service connection claim for obstructive sleep apnea. The Veteran's claims are pending further action.

The Board has determined that the evidence is in equipoise as to whether the appellant's obstructive sleep apnea was incurred during his active service, and thus grants service connection for this condition.

The Board has remanded the case due to an incomplete sleep apnea examination, requiring a new evaluation and opinion regarding whether the Veteran's obstructive sleep apnea is related to his active duty service or his service-connected sinusitis.

The Board denied service connection for OSA, finding that it is not related to the Veteran's service-connected PTSD.

The Board dismissed the appeals of the Veteran's claims for service connection due to his death during the pendency of the appeal.

The Board has identified new evidence that was submitted after the May 2018 Statement of the Case. The Veteran has not waived AOJ review of this additional evidence, so a Supplemental Statement of the Case must be issued to consider all evidence received.

The Veteran's claim for service connection for obstructive sleep apnea was denied. The RO granted an increased rating of 20 percent for lumbar facet arthrosis with L5-S1 disk protrusion, but did not grant earlier effective dates.,The Veteran's claims for left and right sciatic radiculopathy were granted with effective dates of August 25, 2003 and August 13, 2005 respectively. The RO also granted initial disability ratings of 40 percent or higher for the left sciatic radiculopathy since June 11, 2018.

The Board has remanded the Veteran's claims for bilateral tinnitus, diabetes mellitus type II (DM-II), and obstructive sleep apnea (OSA) as secondary to service-connected PTSD due to inadequate medical opinions.

The Veteran's claim for service connection for a back condition has been reopened and granted. The claim for service connection for a psychiatric condition (claimed as PTSD and major depression) was also granted.

The Board has remanded several issues related to the Veteran's service connection claims, including cervical condition, left foot injury, hypertension, sleep apnea, skin condition, and acquired psychiatric condition. The AOJ is instructed to obtain medical records, attempt to corroborate in-service stressors, and arrange for VA examinations.

The Board denied service connection for a sinus disability, shingles, sleep apnea, and left and right ankle disabilities. Service connection was granted for hypertension.,Service connection was denied for a heart murmur due to the lack of evidence showing aggravation beyond its natural progression during service.