Sleep apnea decisions — 2020

The Veteran's PTSD is rated at 70 percent, effective from December 19, 2017. The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.

The Board has remanded the claims for service connection for gastric/duodenal ulcers, sleep apnea syndrome, erectile dysfunction (ED), acid reflux, gastroesophageal reflux disease (GERD), and colon polyps due to incomplete opinions regarding central sleep apnea. The Veteran's attorney did not raise any objections to the adequacy of the previous opinions.

The Board has determined that the Veteran's headaches, sleep apnea, and heart disability are related to service and have assigned a remand for further examination.

The Board has ordered the case to be remanded due to inadequate medical opinions and failure to comply with previous remand instructions. The Veteran's sleep apnea condition is being reviewed again for service connection.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and fibromyalgia, and remanded the claim for TDIU prior to September 24, 2009. The case is being returned to VA for further development.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 were denied due to lack of evidence showing that the disabilities are related to VA treatment or negligence.

The Board denied service connection for sleep apnea, finding that it is not secondary to the Veteran's service-connected PTSD and there is no causal relationship between the two conditions.

The Board denied service connection for gastrointestinal and lumbosacral spine disorders, finding that the Veteran's current conditions did not manifest in service or within one year thereafter and are not otherwise related to service or a service-connected disability.

The Board has granted service connection for hypertension and obstructive sleep apnea as secondary to the Veteran's service-connected status post partial thyroidectomy, which caused obesity.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, sleep apnea, acid reflux, erectile dysfunction, and hypertension due to inextricably intertwined issues. The examiner is asked to provide a new opinion on whether the Veteran's schizophrenia was aggravated by his period of ACDUTRA.

The Board has remanded the Veteran's claims for cardiovascular disease and sleep apnea due to service, as well as their relationship to herbicide exposure. The claims are being returned for further development.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of in-service incurrence or aggravation of obstructive sleep apnea and no competent evidence showing it is proximately due to or aggravated by a service-connected disability.

The Board has remanded the case due to insufficient discussion of the Veteran's specific reports of snoring following her jaw surgery and its association with her mixed sleep apnea. The VA examiner is asked to provide an opinion on whether the Veteran’s complex sleep apnea, including obstructive sleep apnea, is related to her active duty service.

The Veteran's appeals for increased ratings on several service-connected conditions have been withdrawn. The appeal for a higher rating for PTSD has been denied.

The Board has determined that there was a pre-decisional duty to assist error due to the lack of an adequate medical opinion addressing the issue of nexus for the Veteran's current back condition. The case is being remanded for further development and consideration.

The Board denied service connection for left knee strain with patellofemoral pain syndrome and lumbosacral strain, finding that the preponderance of evidence did not establish a link between these conditions and military service.

The Veteran's claim for service connection for retinitis pigmentosa was granted with an effective date of January 25, 2002. However, the grant of SMC based on blindness in both eyes is denied as the Veteran does not have a disability rating constituting blindness prior to February 27, 2009.

The Veteran's claim for service connection for a broken nose (also claimed as fall off 7 ton) has been denied.,The Veteran's claim for service connection for cervical spine arthritis (claimed as neck pain) is being remanded due to duty-to-assist errors.

The Board denied service connection for Obstructive Sleep Apnea, finding that the Veteran's current diagnosis did not have its onset during service or was related to an in-service injury or disease.,Service connection for Lumbar Spine Disability is remanded due to a duty-to-assist error.

The Veteran's claim for a disability rating in excess of 10 percent for his lumbosacral strain is remanded due to the need for a new VA examination to assess current severity and functional loss.