Sleep apnea decisions — 2020

The Veteran's sleep disorder, including obstructive sleep apnea (OSA), is remanded for further evaluation due to the inadequacy of the December 2015 VA examination.

The Board has remanded the case due to a lack of opinion on whether the Veteran's obstructive sleep apnea is directly related to service. A supplemental opinion is needed.

The Board has reopened the Veteran's claim for service connection for sleep apnea as secondary to his service-connected adjustment disorder and degenerative disc disease. The evidence shows that the Veteran's weight gain, which is related to his service-connected conditions, caused his obstructive sleep apnea.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected sinusitis, needs further clarification and evidence. The case is being sent back for a supplemental medical opinion.

The Veteran's lumbosacral muscle strain with degenerative changes at L5-S1 is currently rated as 20 percent disabling, but the Board has determined that this rating is not warranted due to lack of evidence showing forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 4 weeks but less than 6 weeks during the preceding 12 months.

The Veteran's appeal is limited to the issue of entitlement to service connection for obstructive sleep apnea (OSA) as secondary to his service-connected PTSD. The Board has decided this issue in favor of the Veteran and remanded it for further examination.

The Veteran's sleep apnea is granted as service-connected, and he is awarded a separate 20 percent rating for his right lower extremity sciatica associated with lumbosacral strain. The Veteran's lumbosacral strain remains at a 10 percent rating.

The Veteran's claims for service connection were denied in November 2010, and the effective date of the subsequent grants was set at June 11, 2018.

The Veteran's lumbosacral spine disability is granted at a 40 percent evaluation, effective March 2, 2010. The right and left lower extremity radiculopathy disabilities are each granted at a 40 percent evaluation beginning March 25, 2016.

The Veteran's appeals regarding increased ratings for left knee total arthroplasty and bilateral hearing loss have been dismissed because the Veteran withdrew his appeal in December 2019.

The Board has reopened the claims of entitlement to service connection for left ear hearing loss and sleep apnea, but did not grant any other service connection claims. The Veteran's nephrolithiasis is currently rated at 30% under Diagnostic Code 7508.

The Board has denied service connection for a back disability and remanded the cases of asthma and obstructive sleep apnea. The Veteran's current conditions are currently not related to his military service.

The reduction from a 60 percent to a 30 percent disability rating for bronchial asthma was improper, and the Veteran's original 60 percent rating is restored. Separate ratings for bronchial asthma and sleep apnea were granted in September 2011.

The Veteran's back and neck disabilities were denied increased ratings.,His right lower extremity sciatic nerve radiculopathy was also denied an increased rating, but he received a compensable initial disability rating for his right upper and left upper extremity radiculopathies.

The Board has determined that the Veteran's obstructive sleep apnea became manifest during his service and is therefore granted as service connected.

The Board has remanded the issues of service connection for sleep apnea, left shoulder degenerative joint disease with a history of rotator cuff repair, right shoulder degenerative joint disease with a history of rotator cuff repair, lumbar spine degenerative disc disease status post laminectomy, right knee degenerative joint disease and meniscus tear, status post repair, and hypertension. The remand is due to the need for additional development regarding these issues.,The Veteran's service connection claims have been previously addressed by the Board in February 2016 and February 2018, with further remands made in those decisions.

The Board has remanded the claims for service connection for Type II Diabetes Mellitus and OSA due to new evidence submitted by the Veteran. The AOJ is instructed to verify the Veteran's exposure to herbicide agents at Kadena Air Base while stationed there, and schedule a VA examination to assess whether his OSA is related to active duty service or aggravated by his service-connected PTSD.

The Board has decided that the Veteran's service connection claim for sleep apnea, as secondary to PTSD, is remanded due to inadequate medical opinions and need for updated treatment records.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for a sleep disorder, including both sleep apnea and an acquired psychiatric sleep disorder. The case will be remanded to obtain VA treatment records, verify stressor events, and schedule a VA examination.

The Veteran's sleep apnea was found to have begun during his active service, and the Board granted service connection for this condition.