Sleep apnea decisions — 2020

The Board has decided to remand the Veteran's claims for service connection for hypertension and sleep apnea due to inadequate medical opinions regarding causation and aggravation.

The Veteran's PTSD and depression are currently rated as 70% disabling, but the Board finds that they do not meet or approximate the criteria for a higher rating.,Service connection is granted for sleep apnea. The Board finds that the Veteran’s symptoms likely had their onset during service.,Service connection is denied for diabetes mellitus and right leg numbness as there is no evidence of these conditions in service records, and they are not related to service.,The Veteran's hypertension was diagnosed after his period of active duty service. The Board finds that the VA examiner’s opinion is inadequate due to a lack of contemporaneous medical records.

The Board has decided to remand the case due to a lack of VA examination regarding the nature and etiology of the Veteran's sleep apnea. The Veteran asserts that his sleep apnea is related to his active duty service, including exposure to burn pits during his service in Southwest Asia.

The Veteran's claims for higher initial ratings for various conditions, including lumbosacral spine degenerative disc disease, radiculopathy of the lower extremities, and PTSD, are being remanded due to additional evidence added to the file after a supplemental statement of the case (SSOC).

The Veteran's claim for service connection for various conditions, including arthritis in the left knee, obstructive sleep apnea, erectile dysfunction, and back pain, is being remanded due to new evidence submitted. The VA will schedule examinations to determine if these conditions are related to his military service.

The Board has decided that the Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, needs further development and a new medical opinion.

The Board has restored the prior 40 percent rating for chronic low back strain with DDD and DJD lumbosacral spine effective February 1, 2019. The Veteran's claim for a higher rating is denied as there is no evidence of ankylosis or IVDS.

Service connection for itchy skin has been withdrawn.,Service connection for sleep apnea, sinusitis, and a respiratory condition have been granted. Service connection for a stomach condition is denied.

The Board has remanded the cases of sleep apnea and a foot disability manifested by dropping arches for further development. The Veteran's service connection claims are being reviewed to determine if there is any link between his current conditions and his military service.

The Veteran's claims for service connection for DJD of the left knee, chronic sinus infection, and sleep apnea have been reopened. The claim for an increased rating in excess of 20 percent for BPH with urethritis prior to February 19, 2014 is denied.,Service connection has been granted for DJD of the left knee, chronic sinus infection, and sleep apnea.

The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for service connection for sleep apnea is denied.,The Veteran's claim for service connection for stroke is denied.,The Veteran's claim for service connection for heart pathology (sinus bradycardia) is granted based on new and material evidence.,The Veteran's claims for service connection for left knee DJD are both denied.,The Veteran's claim for service connection for right knee DJD is denied.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical opinions on various conditions.

The Board has remanded the claims for service connection for lumbar spine disability, sleep apnea, and increased rating for bilateral hearing loss due to new and material evidence received.

Service connection granted for lumbar spine degenerative disc disease, tinnitus, headaches, and sleep apnea.,PTSD rating denied as the Veteran does not meet the criteria for a 100% disability rating.

The Board denied attorney fees as the Veteran did not file an NOD for the service connection claims in December 2016 and March 2017 rating decisions.

The Board has determined that new and material evidence has been received to reopen the service connection claim for a bilateral knee disability. The claims of service connection for right and left knee disabilities, as well as obstructive sleep apnea (secondary to anxiety disorder), are remanded due to insufficient medical nexus opinions. Additionally, temporary total evaluations based on hospital treatment and convalescence are also remanded.

The Veteran withdrew all his appeals, including those related to higher ratings for sciatica and lumbosacral spondylolisthesis with IVDS, an increased rating for right shoulder impingement syndrome, a TDIU effective date earlier than August 25, 2011, service connection for tinnitus, and hearing loss. The Board dismissed the appeal due to withdrawal.

The Veteran's claim of service connection for sleep apnea is granted, with the appeal being remanded to determine if it is related to his service-connected disabilities.

The Board has dismissed the Veteran's appeal for prostate cancer residuals. The claims for hypertension, gastrointestinal disability (including peptic ulcers), sleep apnea, skin disability (to include chloracne), Dupuytren’s contracture, Peyronie's disease, bilateral plantar fasciitis, and cervical carpal tunnel syndrome have been denied as not related to service.

The Veteran's claims for service connection for sleep apnea and depressive disorder are remanded due to the need for new examinations. The claim for a rating in excess of 10 percent for left upper extremity peripheral neuropathy is also remanded.