Sleep apnea decisions — 2020

The Veteran's claims for service connection have been withdrawn, and the Board has dismissed all related issues.

The Veteran's lumbosacral strain and cervical spine disability have been remanded for further development.,Specifically, the issues of increased ratings for lumbosacral strain and cervical spine disability are being addressed.

The Veteran's bilateral hearing loss is rated at 10 percent since June 4, 2013. A higher 50 percent rating is granted for his chronic pulmonary condition with obstructive sleep apnea and restrictive and obstructive lung disease since November 23, 2009.

The Board has remanded the Veteran's claims for service connection due to inadequate compliance with prior remand directives. The claims are being returned for additional development and medical opinions regarding sleep apnea, hypertension, and a condition of the hands and fingers.

The Board has dismissed the Veteran's appeals for increased ratings for a low back disability and tinea pedis, a temporary 100 percent rating for PTSD, and service connection for a cardiac condition, bilateral knee disabilities, erectile dysfunction, and urinary incontinence. The claims of service connection for obstructive sleep apnea have been reopened.

The Board has remanded the Veteran's claims for service connection due to incomplete VA treatment records and conflicting medical opinions.,VA will attempt to obtain any outstanding VA treatment records and military personnel records.

The Board has found that the Veteran does not have a currently diagnosed hearing loss disability for VA purposes and his sleep apnea is not related to service. The back disability and acquired psychiatric disorder claims are remanded as there is insufficient evidence to determine their etiology.

The Board has remanded three of the Veteran's claims: service connection for sleep apnea, service connection for IBS related to Southwest Asia service, and service connection for bilateral hearing loss. The TDIU claim is also remanded as it is inextricably intertwined with these other claims.

The Veteran's service connection claim for sleep apnea is remanded due to the lack of records from his 1985 Heidelberg Hospital diagnosis and concerns about the validity of a previous VA examination.

The Board has remanded several claims for further development, including those related to service connection and rating determinations. The Veteran is also required to provide updated VA treatment records and any outstanding Vet Center records.

The Veteran's claim for an earlier effective date for the award of a compensable rating for his service-connected back disability is granted, subject to controlling regulations governing the payment of monetary awards. The Board also grants service connection for lumbosacral spondylosis and right lower extremity radiculopathy secondary to his service-connected back disability.

The Veteran's TDIU claim is granted, with a combined disability rating of 90 percent for her service-connected conditions. The Board found that the Veteran’s service-connected disabilities preclude all substantially gainful employment due to her migraines and psychiatric disability.

The Veteran's claims for service connection and increased ratings are being remanded due to inadequate medical examinations. The issues include a left leg disability, lumbosacral spine degenerative disc disease, and a left-hand disability.

The claim for service connection for a right thumb disability has been denied as the evidence does not establish that it began during active service or is otherwise related to an in-service injury, event, or disease.,The claim for service connection for a left thumb disability has been denied as the evidence does not establish that it began during active service or is otherwise related to an in-service injury, event, or disease.,The claim for service connection for sleep apnea has been denied as there is no evidence showing that it began during active service or is otherwise related to an in-service injury, event, or disease.

The Veteran's chronic laryngitis was granted a 60% rating from May 31, 2011. The Veteran's lumbar spine disability and left lower extremity radiculopathy were both granted initial 40% ratings effective March 14, 2012.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and an increased rating for his service-connected status post radical cystoprostatectomy with neobladder diversion and residual scars due to incomplete VA medical opinions.

The Veteran's PTSD is rated at 70 percent since May 8, 2017. A TDIU is granted effective from that date. The right knee disability and OSA are both remanded for further evaluation.

The Board has determined that further development is necessary for the Veteran's claims of service connection for fibromyalgia, irritable colon syndrome, anxiety disorder, and sleep apnea. The matter of a compensable rating for dermatitis is also remanded.

The Veteran's claims for heart attack, gastrointestinal disability (diverticulosis), acquired psychiatric disability, and sleep apnea are being remanded due to the need for additional examinations and development of records.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected PTSD with GAD and MDD. The issue of service connection for a lumbosacral strain, to include as secondary to service-connect left knee condition, is remanded.