Sleep apnea decisions — 2020

The claim of service connection for a sleep apnea disability is denied as the evidence does not show that the Veteran had obstructive sleep apnea during active service or due to his already service-connected allergic rhinitis.

The Veteran's OSA is granted as secondary to his service-connected sinusitis with allergic rhinitis.

The Board has determined that a VA examination and opinion are needed to determine the etiology of the Veteran's sleep apnea, which is currently service-connected.

The Veteran's appeal for increased disability ratings and TDIU was denied. The Board found that the evidence did not support a rating in excess of 30 percent for left foot plantar fasciitis, and also determined that the Veteran was not unemployable due to his service-connected disabilities.

The Board denied service connection for sleep apnea, hypertension, tinnitus, bilateral eye disability, erectile dysfunction, bilateral carpal tunnel syndrome, bilateral sinusitis, vertigo, and bilateral hearing loss disability. The Veteran's claims were not reopened due to the lack of new evidence.,Service connection was also denied for insomnia.

The Board has remanded the cases for further development due to insufficient evidence and need for additional examinations.

The Veteran's appeals for increased ratings and service connection have been withdrawn by his representative.

The Veteran's lumbar osteoarthritis to include lumbar strain and degenerative arthritis of the spine was granted service connection with an effective date of September 12, 2016. The Veteran's sleep apnea (claimed as sleep disturbances) and acquired psychiatric disorder were denied service connection.

The Veteran's current obstructive sleep apnea had its onset during service, and the Board has granted service connection for this condition.

The Board has reopened the Veteran's claims for service connection for thyroid disability, sleep disorder (insomnia and sleep apnea), and high blood pressure. The evidence submitted since the final denial is considered new and material.

The Veteran's service connection claim for sleep apnea was granted, but the initial disability rating for fecal incontinence from December 22, 2017 to July 3, 2018 was denied.,For the period after July 3, 2018, a higher disability rating of 60% for fecal incontinence was granted.

The Board has determined that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring it.

The Board has remanded the Veteran's claims for service connection for sleep apnea and headaches due to evidentiary issues, requiring a new VA examination and opinion.

The Board has found the VA examinations inadequate and remanded for further evaluations, including a new examination to assess the Veteran's service-connected lumbar spine disability. The TDIU issue is also being remanded.

The Veteran's initial rating for asbestos pleural plaques is denied, and the issue of service connection for obstructive sleep apnea secondary to pleural plaques is remanded.

The Veteran's asthma, asbestosis, COPD, and sleep apnea are service-connected due to in-service asbestos exposure.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea disability, finding that it was not shown to be related to his military service or any service-connected disabilities.

The Veteran's claim for a higher rating for migraines was denied as the evidence did not show that his headaches were very frequent and completely prostrating, resulting in severe economic inadaptability.,The Veteran's claims for increased ratings for lumbosacral strain and incomplete paralysis of the right femoral nerve associated with intervertebral disc syndrome with degenerative changes are remanded as the VA examination did not address flare-ups.

The Board has remanded several issues related to the Veteran's service connection claims and increased rating claims due to new evidence received after previous decisions. The Veteran is entitled to a compensable rating for hypertension, but additional development is needed as no SOC was issued regarding this issue. He also needs an examination to determine the current severity of his hypertension. Other issues are remanded for further action.

The Board has decided to remand the case due to insufficient opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.