Sleep apnea decisions — 2020

The Veteran's sleep apnea is granted service connection, while his claims for bronchitis and vision impairment are denied.

The Board has granted service connection for bilateral hearing loss and tinnitus, but the TDIU claim is remanded due to a need for updated VA Form 21-8940 and a combined effects medical opinion.

The Board has remanded the claims for increased rating and benefits under 38 U.S.C. § 1151 due to new evidence received after the initial decision.

The Board found that the grant of service connection for mild obstructive sleep apnea was clear and unmistakable error, thus severing service connection was proper and the appeal is denied.

The Board has decided that additional development is needed for the Veteran's claims of service connection for prostate cancer, lung disorder, chloracne, and heart arrhythmia with pacemaker due to exposure to herbicides. The RO must determine if the Veteran served in the National Guard at Fort Chaffee from May 27, 1967, to June 10, 1967, and obtain any outstanding VA treatment records for further examination.

The Board has remanded the cases due to new evidence being added to the record and the Veteran not responding to a request for initial consideration by the AOJ.

The Board has remanded the claim for entitlement to service connection for obstructive sleep apnea, as it may be related to a service-connected condition. The case is sent back for further development and an opinion from a VA examiner.

The Veteran's left ear hearing loss was granted service connection as it is presumed to have been incurred due to in-service noise exposure.,The Veteran's OSA and right ear hearing loss are both remanded for further evaluation.

The Board has remanded the case due to insufficient opinions regarding the Veteran's TDIU claim. The service connection for a back disorder remains denied.

The Veteran's right lower extremity sciatic radiculopathy was rated at 10 percent prior to June 6, 2018 and denied a higher rating. His left lower extremity sciatic radiculopathy was also rated at 10 percent prior to June 6, 2018 and denied a higher rating. The Veteran's left lower extremity femoral radiculopathy was rated at 10 percent from August 17, 2018 and denied a higher rating.,The Veteran's lumbosacral spine disability was rated at 20 percent prior to April 7, 2013 and in excess of 40 percent thereafter. The Veteran is also seeking TDIU on an extraschedular basis.

The Board has determined that the Veteran's current Obstructive Sleep Apnea is aggravated by her service-connected PTSD, and thus grants service connection for OSA as secondary to PTSD.

The Board has granted the Veteran's petition to reopen his claim of service connection for obstructive sleep apnea. The claims for right shoulder disability, bilateral foot disability (claimed as a bilateral foot infection), fibromyalgia, respiratory disability, and gastritis with hiatal hernia are all remanded due to insufficient evidence on their merits.

The Board denied the Veteran's claim for service connection for back injury, finding that there was no evidence of a current disability related to an in-service slip-and-fall incident. The preponderance of the evidence did not support a finding that the Veteran’s lumbosacral spine disability began during service or is otherwise related to an in-service injury.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is related to his military service and resolving all reasonable doubt in his favor.

Service connection is granted for sleep apnea and gastroesophageal reflux disease (GERD). The right wrist disability rating appeal was dismissed.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected tinnitus, but more evidence is needed for a definitive conclusion.

The Board has reopened the Veteran's claim for service connection for sleep apnea, but denied the claim as there is no evidence showing a causal relationship between his active duty service and his current condition.

The Board has remanded the Veteran's claim of service connection for sleep apnea due to inadequate medical opinion in the July 2014 VA examination. The examiner did not consider the lay assertions regarding symptoms during and after service.

The Veteran's claims for service connection for a lumbar spine disability and sleep apnea were denied as there is no current disability, the evidence does not establish in-service incurrence or aggravation of these conditions, and the Veteran did not serve in the Persian Gulf War.

The Board denied the Veteran's claims for service connection for sleep apnea, an evaluation in excess of 10 percent for tinnitus, and a compensable evaluation for bilateral hearing loss.