Sleep apnea decisions — 2020

The Board has decided to remand the case due to insufficient evidence regarding the etiology and pathophysiology of the Veteran's obstructive sleep apnea. A new examination is required.

The Veteran's claim for service connection for sleep apnea is being remanded due to a duty to assist error. A VA examination is needed to determine if the condition began in or is related to his time in service.

The Board has granted an earlier effective date of December 11, 2014 for the award of a TDIU. The Veteran's service-connected disabilities prevented him from securing or following gainful employment as of that date.

The Board has granted the Veteran's claim for service connection for coronary artery disease (CAD) as secondary to his service-connected hypertension and obstructive sleep apnea.

The Board has determined that new and relevant evidence has been received to readjudicate the claim of service connection for sleep apnea, including on a secondary basis. The Veteran's contentions concerning his sleep apnea being secondary to or aggravated by his service-connected asthma are addressed in this decision.

The Board has remanded the claim for service connection for sleep apnea as secondary to lumbosacral strain and other service-connected disabilities due to a duty to assist error.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total rating based on individual unemployability.

The Board has remanded the case due to insufficient medical nexus opinions regarding whether the Veteran's obstructive sleep apnea had its onset during service.

The Board has granted service connection for obstructive sleep apnea and gastrointestinal disability, finding that the evidence is at least evenly balanced as to whether these conditions began during or are related to active duty.

The Board denied the Veteran's claims for service connection for left knee disability, bilateral foot disability, sleep apnea, and erectile dysfunction due to a lack of evidence linking these conditions to his active duty or reserve service.

The Veteran's claims for service connection are being remanded due to the submission of new evidence. The regional office will review this evidence and consider its impact on the claims.

The Board has remanded the case due to a previous decision being vacated because of an issue with the VA medical opinion regarding whether sleep apnea was aggravated by service-connected sinusitis. The case is now back at the Board for a new VA medical opinion on this question.

The Veteran's chronic gastrointestinal disorder (GERD), obstructive sleep apnea, and vertigo are all found to be related to his service. The claims for these conditions have been granted.

The Veteran's right knee disability is not service-connected as it did not originate in service or within one year of discharge, and is not otherwise etiologically related to service.,Service connection for gastroesophageal reflux disease (GERD) cannot be established as the Veteran does not have a current diagnosis of GERD.

The Veteran's claims for extraschedular ratings and TDIU were denied as her service-connected disabilities do not meet the criteria for such determinations.,The Board found that the Veteran’s service-connected conditions, including lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and major depressive disorder, are adequately contemplated by the current schedular ratings.

The Board has determined that further development is necessary due to the lack of complete VA treatment records and a need for additional examinations.

The Board has decided to remand the case due to inadequate medical opinion and need for additional development, including a VA examination.

The Board has remanded three issues: sleep apnea, cervical and lumbar spinal damage, and seizures. The Veteran's service-connected TBI is also being examined to determine its current severity.

The Board has determined that the VA examination and opinion did not address whether the Veteran's obstructive sleep apnea is due to exposure to environmental hazards in Southwest Asia during the Persian Gulf War. The case is being remanded for further development, including obtaining updated private treatment records and providing a VA medical opinion.

The Veteran's service connection for obstructive sleep apnea was restored, and the reduction in his diabetes mellitus rating from 40% to 20% effective March 1, 2014, was reversed.