Sleep apnea decisions — 2020

The Board has remanded the cases due to new evidence being added after previous decisions. The Veteran's claims for service connection are now pending and will be reconsidered by the RO.

The Board has remanded the claims of entitlement to service connection for obstructive sleep apnea (OSA) and a sleep disorder other than OSA due to the need for additional medical examination and treatment records.

The Board has remanded the Veteran's claims for service connection for sleep apnea and an acquired psychiatric disability (claimed as eating disorder, anxiety disorder, and major depressive disorder) due to incomplete development of evidence.

The Board has remanded several issues related to the Veteran's service-connected skin disorder, including entitlement to an initial compensable rating and service connection for keloid scarring. The Veteran is also being asked to provide additional evidence regarding his bilateral ingrown toenails and obstructive sleep apnea.

The Board denied service connection for sleep apnea, finding that the Veteran's current diagnosis was not related to his military service and that there is no evidence of a diagnosis during service. The claim was reopened due to new evidence received since the last denial.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to a lack of evidence and need for further examination.

The Board has remanded the case due to incomplete development and issues related to service connection, rating decisions, and TDIU.

The Veteran's claims of service connection for hemorrhoids and obstructive sleep apnea are remanded due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claim. The Board finds that a VA examination is needed to determine if these conditions had onset in service or were caused by service.

The Veteran's claims for increased ratings for contact dermatitis, tinnitus, patellofemoral syndrome (left knee), and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) are partially granted. The claim for increased rating for contact dermatitis is denied. The claim for increased rating for tinnitus prior to August 6, 2017, and in excess of 40 percent thereafter for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) is dismissed. The claims for increased ratings for patellofemoral syndrome, left knee, and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) are remanded.

The Veteran's appeal is remanded for further evaluation of his PTSD, left knee disability, spine disability, and plantar fasciitis. The current evaluations are denied as they do not meet the criteria for higher ratings.

The Veteran's application to reopen the claim for service connection for diabetes mellitus, type II was denied. The application to reopen the claim for sleep apnea was granted. Service connection for sleep apnea as secondary to lumbar strain with degenerative changes and intervertebral disc disease at L4-L5 is granted. A rating in excess of 40 percent for service-connected lumbar strain is remanded, and a right shoulder disability is also remanded.

The Veteran's death was not due to a service-connected disability, and there is no evidence of exposure to herbicide agents. The cause of the Veteran's death (pancreatic adenocarcinoma) did not stem from any service-connected condition.

The Board has granted service connection for major depressive disorder, hypertension, atrial fibrillation, obstructive sleep apnea (OSA), and secondary conditions. The appeal is remanded to determine if the Veteran's headaches are related to his service-connected major depressive disorder.

The Board has remanded the Veteran's claims for service connection for PTSD, a sleep disorder (including sleep apnea), hearing loss, and tinnitus due to insufficient evidence or need for further examination.

The Board has remanded the Veteran's claims for asthma and obstructive sleep apnea due to incomplete VA examinations. The Veteran is required to attend new VA examinations.

The Board has remanded the cases for obtaining SSA records and readjudicating the service connection claims for sleep apnea and PTSD, as well as the effective date claim.

The Board has determined that the evidence is not in favor of granting service connection for chronic sinusitis, bilateral hearing loss, tinnitus, and a lumbar spine disability. The claims are therefore remanded to allow for further development.

The Board has granted service connection for the cause of the Veteran's death, attributing it to his service-connected DFSP.

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The appeal is denied for the remaining issues, including high cholesterol, melanoma, hypothyroidism, peripheral neuropathy, kidney disability, heart disability, lumbar degenerative arthritis, PTSD, diabetes mellitus type II, erectile dysfunction, and TDIU.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no in-service injury or disease and insufficient evidence to link the current disability to service.