Sleep apnea decisions — 2020

The Board has remanded the claims for service connection for a sleep disorder, headaches, and lung disorder due to asbestos exposure. The VA examinations were found inadequate, and additional opinions are needed.

The Veteran's service-connected disabilities, including PTSD and obstructive sleep apnea, are causing his inability to secure or follow substantially gainful employment. The case is remanded for a new VA examination to assess the current severity of his PTSD.

The Board has remanded the case due to the need for a VA examination and further development of the record, including obtaining additional medical records. The Veteran's OSA is being considered on a secondary basis to his service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD. Additional evidence will be obtained and a new medical opinion will be requested.

The Board has determined that the Veteran's claims for increased ratings and remand are necessary due to the need for updated VA examinations, as well as for obtaining private medical records related to his PTSD and chronic headaches.

The Board has decided to remand the case for further development, including obtaining a clarifying opinion from a VA examiner regarding the nature and etiology of the Veteran's sleep apnea.

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

The Board has remanded the claims for service connection for a cervical spine disability, increased ratings for lumbosacral and right shoulder disabilities, and TDIU due to unresolved issues regarding these conditions.

The Board denied service connection for a respiratory disability and sleep apnea, finding no current evidence of these conditions during the appeal period.

Service connection for Obstructive Sleep Apnea is denied.,Service connection for a Left Hip Disability and Right Side Carpal Tunnel Syndrome are granted.,An earlier effective date, new and material evidence for service connection for bilateral knee conditions and numbness disabilities, and increased ratings for lumbar spine disability, left ankle disability, and PTSD (prior to June 13, 2017) are dismissed.

The Veteran's appeal is remanded for additional development, including a VA examination to determine the severity of his lumbosacral strain with arthritis of the thoracolumbar spine between March 22, 2016 and July 24, 2019. The TDIU claim is also remanded as it is inextricably intertwined with the rating issue.

The Board has remanded the case due to procedural and duty to assist errors, as well as incomplete records of treatment for the Veteran's lumbosacral spine disability. The appeal is now before the AOJ for further development.

The Veteran's acquired psychiatric disorder, diagnosed as anxiety disorder, is granted service connection.,Service connection for migraine headaches is granted based on new and material evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete VA medical records and procedural errors in previous decisions.

The Board has granted service connection for right knee patellofemoral pain syndrome and lumbosacral strain, finding that the evidence is at least evenly balanced as to whether these conditions are related to service. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including obstructive sleep apnea with hypersomnia, bilateral hearing loss, and tinnitus. The Board has granted the Veteran's application for TDIU.

The Board has remanded the Veteran's claims for service connection for RYSDOM, sleep apnea, hypertension, and stroke/aneurysm due to incomplete development of records and need for medical opinions.

The Veteran's claims for a disability rating greater than 40 percent for a lumbosacral spine disability, an allowance for aid and attendance for his dependent spouse, a total disability rating based on individual unemployability (TDIU), and service connection for a bilateral hip disability were denied due to the untimely filing of his VA Form 9.

The Veteran's claims for service connection and increased evaluations have been denied. The Board found that the Veteran is already compensated for insomnia as a symptom of his PTSD, and there was no evidence of an earlier effective date for fibromyalgia or left knee patellofemoral syndrome. Service connection for photophobia, TBI, IBS, sleep apnea, migraine headaches, and GERD were not established based on the provided medical opinions.

The Veteran's lumbosacral strain, right knee patellofemoral syndrome, and left knee patellofemoral syndrome are rated at 10 percent. The Board has determined that further VA examinations of the Veteran’s lumbar spine and right and left knee disabilities are needed to determine their current severity.