Sleep apnea decisions — 2020

The Board has remanded the claims for service connection for pseudofolliculitis barbae, a psychiatric disorder (specifically PTSD), and sleep apnea due to potential service connection based on new evidence. The Veteran's pseudofolliculitis barbae is not compensable as it does not affect at least 5% of his entire body or exposed areas, and no systemic therapy is required.

The Board has remanded several service connection claims due to the need for additional medical clarification and examination. The Veteran's PTSD claim is remanded because of conflicting evidence regarding his reported stressors. His hypertension, hearing loss, peripheral neuropathy, sleep apnea, and GERD claims are also remanded as there are insufficient post-service records or medical opinions.

The Board has granted the Veteran's request to reopen his claim of service connection for a low back disability. The issues of service connection for tinnitus and bilateral knee disability are being remanded due to insufficient evidence.

The claim of service connection for tinea versicolor is reopened. The claims for service connection for obstructive sleep apnea and a skin disorder are remanded.

The Veteran's sleep apnea is aggravated by his PTSD with alcoholism, and he is granted service connection for this condition.,Throughout the appeal period, the Veteran’s service-connected disabilities have precluded him from securing or following a substantially gainful occupation.

The Board has remanded the case due to a lack of response from VA regarding the competency challenge of the March 2017 VA examiner. The Veteran is required to provide evidence sufficient to support the expertise of this examiner.

The Board has reopened the Veteran's previously denied claims for service connection for a low back condition, respiratory conditions (asthma and chronic obstructive pulmonary disorder), depression, anxiety, sleep apnea, migraines, left knee condition, right shoulder bursitis, and memory loss. The claims are remanded to obtain additional medical records and to schedule the Veteran for examinations to determine the nature and etiology of her claimed conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected bronchial asthma, finding that there is at least a 50% likelihood (equipoise) that her sleep apnea is related to her asthma.

The Veteran's PTSD is rated at 70 percent, and the Board denied a rating in excess of this. The TDIU claim was also denied as her service-connected disabilities do not preclude her from securing or maintaining substantially gainful employment.

The Veteran's appeals for service connection and a rating for his sleep apnea and bilateral foot onychomycosis have been dismissed due to the death of the Veteran.

The Veteran's PTSD has been granted a 50% rating, but his DDD of the lumbosacral spine and residuals of TBI remain under review for increased ratings. The TDIU claim is also pending.

The Veteran's appeal is being remanded to obtain additional information regarding possible exposure to herbicide agents and to secure a medical opinion on the nature and etiology of her service-connected conditions, including vascular disease, obstructive sleep apnea (OSA), congestive heart failure (CHF), pulmonary hypertension, arteriosclerotic vascular disease, gastroesophageal reflux disease (GERD), renal disease and/or failure, and hemosiderosis of the liver.

The Board has decided that the Veteran's claims for service connection and increased ratings for PTSD, low back disability, and obstructive sleep apnea need to be reconsidered due to new evidence.

The Board has decided to remand the case due to a scheduling issue for a VA examination related to the Veteran's service-connected adjustment disorder with mixed disturbance of emotions and conduct, which may be linked to his obstructive sleep apnea (OSA).

The Veteran's service-connected obstructive sleep apnea requires the use of a CPAP machine, and he is granted an initial rating of 50 percent.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, including PTSD. The VA examiners provided opinions that there is no direct link between the Veteran's sleep apnea and his service-connected conditions.

The Veteran's claim for service connection for sleep apnea was denied as there is no evidence of a diagnosis during service and the Board found that her current condition did not manifest in service.,The Veteran's claim for service connection for a bilateral hip disability, to include as secondary to service-connected disability, was also denied. The Board found that she does not have a current hip disability or arthritis of the hips that manifested during service.

The Veteran's claim for service connection for residuals of repair rotator cuff tear of right shoulder is granted. The Board also remanded the issues of entitlement to a higher rating for lumbosacral and thoracic degenerative joint disease, degenerative disc disease, and spondylolisthesis, and entitlement to TDIU.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and increased ratings for his right foot disabilities, finding that there was no evidence linking his current conditions to military service.

The Board has granted an initial evaluation of 10 percent for subluxation of the right peroneal tendon, effective from March 24, 2020. The Veteran's lumbosacral strain was previously resolved as part of a total grant of benefits.