Sleep apnea decisions — 2020

The Veteran's appeal for increased ratings and service connection has been dismissed as the RO issued a Statement of the Case continuing the current evaluations and denying the claims.,The Veteran did not file a substantive appeal, thus the Board lacks jurisdiction to review these issues.

The Board denied service connection for a heart disability, gastroesophageal reflux disease (GERD), and sleep apnea. The Veteran's current diagnoses were not related to his active military service.,Service connection was not granted because the preponderance of evidence did not support a finding that the disabilities began during service or were otherwise related to in-service events.

The Board has remanded the Veteran's claims for asthma, sleep apnea, and psychiatric disabilities (including PTSD and depression) due to a lack of recent VA examinations. The Veteran is required to provide updated treatment records and undergo VA examinations to assess these conditions.

The Veteran's claim for service connection for sleep apnea was denied in an April 2017 Board decision. The new evidence submitted includes a medical treatise and an August 2017 VA medical opinion, which the Board finds to be both new and material. The case is remanded for a medical opinion on whether the Veteran's currently diagnosed sleep apnea is caused or aggravated by his service-connected chronic rhinitis.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and conducting new examinations to assess her left knee and lumbar spine disabilities. The issues of higher ratings for bronchial asthma, chronic lumbosacral paraspinal spasms, instability of the left knee, and left knee meniscal tear are all remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected traumatic brain injury. The Veteran needs a VA examination to determine this relationship.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for TDIU.

The Board has decided that a VA sleep apnea examination is needed to determine if the Veteran's current sleep apnea is related to his military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as it determined that his OSA clearly and unmistakably pre-existed his entrance to active duty and was not aggravated by such service.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Board has granted service connection for the Veteran's arthritis of the left knee, arthritis of the right knee, and degenerative changes and bulging disc disability of the lumbosacral spine as secondary to his bilateral knee disabilities.

The Board has denied service connection for bilateral hearing loss and mild degenerative disc disease at the lumbosacral junction, finding that there is no evidence of a current disability or a causal relationship to service.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected allergic rhinitis.

The Board has denied the Veteran's claims for service connection for a back disability and left knee disability, finding that there is no evidence of a nexus between these conditions and his military service. The right knee and left ankle disabilities are remanded for further examination.

The Veteran's asthma, rhinitis, and sleep apnea have been granted service connection. The initial compensable disability ratings for IBS and left knee patella chondritis were denied. The appeal on lumbar degenerative disc disease, dermatitis, PTSD, chronic sinusitis, GERD, gall bladder disease, post cholecystectomy, headaches, and chronic fatigue syndrome is remanded.

The Board denied a higher disability rating for the Veteran's service-connected lumbosacral strain with herniated disc at L5 and S1, finding that a compensable rating was warranted prior to November 21, 2016 but no greater. For the period after November 21, 2016, the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.

The Board has determined that the previous remand directives were not substantially complied with and another remand is warranted. The Veteran's TDIU claim remains pending.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to his service-connected PTSD, and thus grants service connection for sleep apnea secondary to PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and granted service connection for this condition.

The Board has determined that additional development is needed to obtain missing VA and private treatment records, as well as to schedule the Veteran for appropriate VA examinations. The claims will be readjudicated based on this new evidence.