Sleep apnea decisions — 2020

The claim for service connection for sleep apnea is reopened, but the Veteran's appeal of his service connection claim remains pending as new and material evidence has been received. The Board finds a need for additional medical opinions to address whether the Veteran's sleep apnea was caused by or aggravated during periods of active duty service.

The Veteran's claims for service connection for hypertension, sleep apnea, and bilateral plantar fasciitis were reopened. The claim for hypertension was denied due to lack of new and material evidence. The claims for sleep apnea and bilateral plantar fasciitis were granted as the evidence is at least in equipoise that these conditions had their onset during service.

The Veteran's earlier effective date claim for sleep apnea is denied, and the compensable rating claim for bilateral pes planus is remanded.

The Board has decided to remand the case due to insufficient etiological opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected sinusitis and allergic rhinitis. The claim will be returned for further development.

The Veteran's appeals for increased ratings and service connection were denied. The Veteran was not granted a higher rating for major depressive disorder with insomnia or obstructive sleep apnea, nor did he receive service connection for his right knee disorder.

The Veteran's gout was not present in service and is unrelated to service.,A cervical spine disability, low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were not present in service or within one year following separation from service. The Veteran’s disabilities are not otherwise related to service.,Sleep apnea was not present in service and is unrelated to service.

The Veteran's claims for higher ratings for right knee arthralgia, left knee arthralgia, and lumbosacral strain with spondylosis and spondylolisthesis (lumbar spine disability) from February 20, 2007 to September 9, 2019 have been denied.,The Veteran's right knee and left knee arthralgia are currently rated at 10 percent each. The lumbosacral strain with spondylosis and spondylolisthesis (lumbar spine disability) is rated at 20 percent from February 20, 2007 to September 9, 2019.

The Board has granted the Veteran's request to reopen his claim of service connection for obstructive sleep apnea and has determined that he is entitled to this benefit based on new evidence showing symptoms during service.

The appeal for service connection of migraines, sleep apnea, and PTSD is dismissed due to the appellant's death.

The Board has determined that the Veteran does not have right ear hearing loss that constitutes a disability for VA compensation purposes. The left ear hearing loss was not manifest in service or within one year of separation from service, and is not otherwise related to service.,The issue of entitlement to service connection for a left ankle disability is remanded due to lack of clarity regarding the etiology of the Veteran's current diagnosis.

The Board has remanded the claims for a respiratory disability, sleep apnea, and an acquired psychiatric disorder (claimed as depression) due to potential herbicide exposure in Korea. The Veteran's service records show he was stationed at Camp Casey in Korea from 1980 to 1981. Further development is needed to verify his claimed exposure to Agent Orange.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not manifest in service and is unrelated to a service-connected condition.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and development of his records.

The Board has granted service connection for trauma and stressor-related disorder, but remanded other claims due to incomplete information regarding duty dates and the need for additional examinations.

The Board has denied the Veteran's claim for service connection for psoriasis vulgaris and rosacea, finding that these conditions were not incurred or aggravated by service, including presumed herbicide exposure.

The Board has decided to remand the case due to insufficient medical opinions and need for additional evidence, including a VA examination.

The Veteran's sleep apnea is granted as service-connected, and the issues of difficulty breathing and joint pain, as well as a bilateral foot disability are remanded for further development.

The Board has remanded the case for readjudication due to new evidence being added to the claims file. The Veteran's claim of entitlement to an initial rating in excess of 50 percent for service-connected OSA and his claim for an effective date prior to September 29, 2014 for establishment of service connection for OSA are both before the Board.

The Veteran's service-connected lumbosacral strain and left knee strain have been granted initial ratings, with radiculopathy of the right lower extremity also being granted. The Veteran is not entitled to higher ratings for these conditions.

The Veteran's tinnitus is due to service, and his lumbosacral strain first manifested during active service. The claims for bilateral hearing loss and tinnitus have been reopened with the submission of new evidence.