Sleep apnea decisions — 2020

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence to support a link between her OSA and her military service, including her reported symptoms of snoring and difficulty breathing during service. The Board found that the preponderance of the evidence did not support the claim.

The Veteran is granted entitlement to SMC at the rate authorized by 38 U.S.C. § 1114(l) from November 29, 2008 due to his service-connected benign pituitary adenoma with diabetes mellitus and adrenal insufficiency.,The Veteran is also granted entitlement to SMC at the rate authorized by 38 U.S.C. § 1114(o) from January 8, 2009 as he has two of the rates provided in subsection (l) without considering the same condition twice.

The Board denied the Veteran's claim for service connection for low back pain, finding that there was no evidence of an in-service injury or disease and that her current condition is not related to her active duty service.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus has been denied.,Service connection for DMII and a heart condition have been granted, with the effective date being April 18, 2018.,The Veteran's claim for service connection for sleep apnea has been denied.,An effective date prior to April 18, 2018 for bilateral hearing loss and tinnitus is denied due to lack of evidence within one year of separation from service.

The Veteran's claims for increased ratings for bilateral hearing loss and service connection for sleep apnea are being remanded due to lack of compliance with previous Board directives.

The Veteran's lumbosacral disability is rated at 10 percent, and she has been granted a TDIU effective September 1, 2015.

The Board has remanded the Veteran's claims for service connection for RLS and TDIU prior to June 6, 2017 due to incomplete development. The Veteran is seeking service connection for his RLS as secondary to his cervical spine disability and sleep apnea.

The Board denied a rating in excess of 40 percent for the Veteran's lumbosacral spine disability and denied entitlement to TDIU, finding that there was no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's service-connected disabilities, including his lumbar spine disorder and posttraumatic stress disorder, rendered him unable to care for his daily needs, requiring the regular aid and attendance of another person. The Board granted special monthly compensation based on the need for aid and attendance.

The Board has remanded the Veteran's claim for an increased rating for his service-connected lumbosacral spinal facet arthropathy and degenerative changes due to incomplete compliance with previous remand instructions.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's sleep apnea and whether it is related to service-connected disabilities, including PTSD with panic attacks, headaches, COPD, and a cervical spine disability.

The Veteran's initial claim for a higher rating for asbestosis related to pleural disease was denied. A 100% disability rating is granted from September 1, 2016, but the issue of entitlement to TDIU prior to that date remains pending.

The Veteran's abdominal scars are granted as they were incurred during active service.,Service connection for an acquired psychiatric disorder, including PTSD and depression, is denied due to lack of evidence linking the conditions to service or service-connected disabilities.

The Board has denied the Veteran's claim for service connection for degenerative arthritis of the lumbosacral spine, finding that there is no evidence to support a causal relationship between his right knee disability and his low back condition.

The Board has remanded two issues: the extension of a temporary total evaluation for convalescence following surgery on August 26, 2009 and the TDIU from April 9, 2011 to April 24, 2012. The remaining issues are not addressed in this decision.

The Board has denied service connection for a low back disability and remanded the issue of service connection for obstructive sleep apnea. The case is now being returned to the AOJ for further action.

The Board has remanded the claims for service connection for obstructive sleep apnea due to inadequate compliance with previous remand orders.

The Board has remanded the Veteran's claims for an increased rating for his service-connected lumbosacral back strain and degenerative disc disease, as well as his claim for a total disability rating based on individual unemployability from April 2019. The remand is due to inadequate examination findings in the previous VA examination.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his active duty service, and thus grants the claim for service connection.

The Veteran's appeal regarding a rating in excess of 50 percent for obstructive sleep apnea (OSA) has been dismissed.,The appeals for service connection for bilateral shin disabilities, right wrist disability, left wrist disability, and prostate disability have been remanded due to new evidence received since the final decisions denying these claims.,The Veteran's appeal regarding a rating in excess of 20 percent for hemorrhoids; and in excess of 10 percent for hemorrhoids has been remanded. The compensable ratings for scar (status post hemorrhoid surgery) and chronic tinea pedis have also been remanded.