Sleep apnea decisions — 2020

The Board has determined that an effective date earlier than October 24, 2013 for the award of service connection for right lower extremity radiculopathy is denied. The Veteran's claim seeking an earlier effective date is not warranted as there was no clinical diagnosis of radiculopathy prior to October 24, 2013.

The Board has decided that the Veteran's OSA is not service connected on its own, but may be secondary to his service-connected bilateral knee disabilities. The decision is remanded for further examination and opinion regarding whether the knee disabilities caused obesity, which in turn caused the OSA.

The Board dismissed the Veteran's appeal of his right ankle disability as he explicitly withdrew it during a hearing. The cases for lumbar spine, bilateral knee, and obstructive sleep apnea disabilities are remanded.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected cerebral sarcoidosis with partial seizures and arthralgia, has been remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left and right lower extremity radiculopathy, as well as his claim for TDIU prior to April 23, 2019. The remand requires additional development including obtaining updated VA treatment records and scheduling a new examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision resolves doubt in favor of the Veteran.

The Veteran's service-connected epidermolysis bullosa has worsened, and a new VA examination is needed to determine the current severity of his condition.

The Veteran's claim for service connection for prostate cancer has been withdrawn. The rating reduction of prostatitis from 40 percent to non-compensable was improper and restored ab initio. The appeal as to the increased rating for prostatitis is granted, but remanded for further examination. Service connection for left hip condition and right hip condition secondary to lumbosacral strain are also remanded.

The Board has decided to remand the case due to insufficient consideration of the Veteran's arguments and medical opinions regarding secondary service connection for sleep apnea, as well as the impact of his obesity on his sleep apnea.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) secondary to his service-connected PTSD is granted. The claims for service connection for neuropathy of the right upper extremity, left upper extremity, left lower extremity, and right lower extremity are denied.

The Board has remanded the case due to inadequate medical opinions and further development is needed, including a review of all theories of entitlement raised.

The Board denied service connection for a respiratory disorder and remanded the issue of service connection for obstructive sleep apnea. The Veteran's PTSD is currently rated at 50%.

The Veteran's appeal for service connection for residuals of left-hand surgery was denied due to lack of evidence linking the condition to his active duty service.,Service connection for residuals of cerebral vascular accident (stroke) was dismissed as the Veteran withdrew his appeal prior to a decision.

The Board has denied service connection for cervical spine disorder, bilateral shoulder disorders, lumbosacral spine disorder, bilateral hip disorders, and poly-arthritis as there is no evidence of these conditions during or within one year after service. The Veteran's combat injury in Vietnam does not establish a nexus between his current disabilities and his military service.

The Board has remanded the claims for rating higher than 10 percent for right and left knee disabilities due to lack of clarity in the September 2018 examination report regarding whether the Veteran was wearing braces during his evaluation. The Veteran is also requested to provide updated VA treatment records.

The Veteran's appeal for a higher rating for his service-connected bilateral hearing loss was granted. However, the claim for service connection of obstructive sleep apnea was denied due to lack of evidence linking it to active service.

The Board denied service connection for Obstructive Sleep Apnea, finding that the Veteran's current condition did not manifest during or as a result of his military service. The issue of secondary service connection for Type 2 Diabetes Mellitus was remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete records and issues regarding secondary service connection. The Veteran will need to provide additional medical evidence, including from his Air National Guard (ANG) service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected disabilities. The claims are being returned to the RO for review of new evidence, including a March 2019 VA spine examination and April 2019 thoracolumbar spine addendum medical opinion.

The Board has determined that the Veteran's kidney cancer is not related to service, including exposure to herbicide agents. The claim for a sleep disorder (OSA) will be remanded as no VA examiner has provided an opinion on its relationship to service.