Sleep apnea decisions — 2020

The Board has remanded the claims for an acquired psychiatric disorder, obstructive sleep apnea, fatigue, gastrointestinal disorder, and multi-joint and muscle pain due to potential new evidence and need for further examination.

The Veteran's claims for service connection for sleep apnea and low back disability have been remanded due to inadequate VA examinations. The Board found that new evidence has been received sufficient to reopen the previously denied claims, but further examination is needed to determine if these conditions are related to military service.

The Board has remanded the claim for service connection of a back disorder due to conflicting medical opinions and need for additional evidence. The Veteran's right knee disorder may be aggravating her back disorder, but this needs further clarification.

The Veteran's claim of service connection for erectile dysfunction, coronary artery disease, tension headaches secondary to PTSD, sleep apnea secondary to PTSD, and back disability was denied. The Veteran is granted service connection for these conditions with initial ratings assigned.

The Board has remanded the Veteran's claims due to insufficient medical opinions and need for further examination regarding his respiratory disorder, sleep apnea, headaches, sinusitis, rhinitis, gastroesophageal reflux disease (GERD), conjunctivitis, fatigue, bilateral eye disorder, and reproductive organ disorder.

The Board has determined that the Veteran's claims for earlier effective dates and increased ratings are remanded due to insufficient evidence in some cases, particularly regarding the severity of his major depressive disorder.

The Board has remanded the claims for service connection due to incomplete compliance with previous remand directives and new theories of entitlement. The Veteran's acquired psychiatric disorder, IBS, sleep apnea, residuals of TIA/stroke, and eye disability are all being reviewed.

The Board denied service connection for urinary tract infections and remanded issues regarding increased disability ratings for lumbosacral strain, right knee, and left knee.

The Board has found the January 2017 VA examination inadequate and remands for a new examination to determine the severity of the Veteran's service-connected low back disability, including any flare-ups and incapacitating episodes.

The Veteran's claim for service connection for lumbosacral strain has been reopened, and the Board finds that his lumbar spine internal disc derangement is related to his service-connected conditions. The issues of residuals from stress fractures to bilateral tibia and metatarsals, initial rating for service-connected bilateral feet conditions, ratings in excess of 20 percent for service-connected residuals of stress fracture of the right proximal femur with right hip flexor strain and left proximal femur with left hip flexor strain, and TDIU are remanded.

The Veteran's back disability is rated at 40 percent from February 24, 2015 onwards. Separate evaluations of 40 percent are granted for sciatic nerve radiculopathy in each lower extremity and 30 percent for femoral nerve radiculopathy in each lower extremity.

The Board has remanded the claims for further development, including VA examinations to address the Veteran's reports of continuing back pain and eye trouble since service.

The Board has remanded the claims for herniated lumbar disc with degenerative joint disease, right and left knee degenerative joint disease, and sleep apnea due to inadequate VA medical opinions. Additional opinions are needed as there is evidence of treatment in service.

The Board has remanded the claims of service connection for diabetes mellitus and sleep apnea, both secondary to PTSD. The case will be returned to the AOJ for further development.

The Veteran's tinnitus is found to have had its onset during service and the Board finds in favor of granting service connection for this condition.,Service connection for bilateral hearing loss is denied as there is no evidence of a current disability related to noise exposure during service. The Veteran’s claim for secondary service connection based on his service-connected generalized arthralgias is also denied.,The Veteran's sleep apnea is found to have had its onset during service and the Board finds in favor of granting service connection for this condition, as it is considered secondary to his service-connected generalized arthralgias. The claim for secondary service connection based on his service-connected esophagitis with hiatal hernia is also denied.,The Veteran's neck disorder is found not related to service and the Board finds in favor of denying service connection for this condition. The claims for secondary service connection based on his service-connected arthralgias are also denied.,The Veteran's neck scar is found not related to service and the Board finds in favor of denying service connection for this condition. The claims for secondary service connection based on his service-connected arthralgias are also denied.,The Veteran's right arm disorder is found not related to service and the Board finds in favor of denying service connection for this condition. The claim for secondary service connection based on his service-connected neck disorder is also denied.,The Veteran's left arm disorder is found not related to service and the Board finds in favor of denying service connection for this condition. The claim for secondary service connection based on his service-connected neck disorder is also denied.,The Veteran's low back scar is found not related to service and the Board finds in favor of denying service connection for this condition. The claims for secondary service connection based on his service-connected arthralgias are also denied.,The Veteran's right leg disorder is found not related to service and the Board finds in favor of denying service connection for this condition. The claim for secondary service connection based on his service-connected arthralgias is also denied.,The Veteran's left shoulder disorder separate and distinct from service-connected generalized arthralgia is found not related to service and the Board finds in favor of denying service connection for this condition.

The Veteran's service connection for obstructive sleep apnea is granted, and a 70 percent rating for his service-connected mental disorders (including depression, PTSD, bipolar disorder, and other service-connected mental disorders) is granted effective as of May 4, 2007.

The Veteran's claim of service connection for bilateral hearing loss has been reopened, and the Board has remanded the case to obtain additional medical opinions. The appeal for service connection for sleep apnea is also being remanded.

The Board has remanded the cases for further development due to lack of recent medical records. The Veteran's claims for service connection for sleep apnea and chronic fatigue syndrome are not granted.

The appeal for service connection for headaches has been dismissed.,The appeals seeking earlier effective dates for tinnitus and a 70% rating for bipolar I disorder and unspecified anxiety disorder have also been dismissed.,An initial rating greater than 10 percent for tinnitus, as well as ratings greater than 20 percent for diabetes mellitus, type II, and greater than 60 percent for CAD, have all been dismissed.

The Board has decided to remand the case due to insufficient information on whether the Veteran's obstructive sleep apnea is related to service or secondary to obesity caused by his service-connected disabilities. The examiner needs to provide a more detailed opinion.