Sleep apnea decisions — 2020

The Veteran's bilateral hearing loss and tinnitus were granted service connection as they are related to his in-service noise exposure.,The Veteran's deviated septum and obstructive sleep apnea disabilities were also granted service connection, with the latter being linked to his deviated septum.

The Veteran's PTSD was rated at 50 percent prior to November 26, 2018 and at 70 percent thereafter.,The Veteran's coronary artery disease was initially rated at 30 percent in February 2012 and increased to 70 percent after November 26, 2018.

The Board has decided that the Veteran's sleep apnea, claimed as secondary to PTSD, should be remanded for further evaluation due to a lack of an opinion on whether the sleep apnea is aggravated by PTSD.

The Board has granted service connection for the Veteran's low back disability, including degenerative disc disease and arthritis. The decision is based on continuity of symptomatology since service.

The Board has restored a 40 percent disability rating for lumbosacral strain, effective August 1, 2018. The reduction from 40 to 10 percent was found to be improper due to inadequate examination reports.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include hearing loss, left leg condition, lower back condition, cervical spine condition (secondary to a lower back condition), acquired psychiatric disability (PTSD), and sleep disorder.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea, which was secondary to PTSD.

The Veteran's appeal is remanded for additional examinations and opinions to determine the current severity of his PTSD, assess whether his obstructive sleep apnea is related to service or secondary to PTSD, and provide a rating in excess of 30 percent for his PTSD.

The Veteran's service connection claim for obstructive sleep apnea and compensable disability rating for deviated nasal septum were both denied. The Board found no evidence linking the current conditions to active service or a service-connected condition.

The Board has reopened the claim of service connection for a Traumatic Brain Injury (TBI) due to new and material evidence. Service connection is granted for TBI. The issue of service connection for Obstructive Sleep Apnea is remanded.

The Veteran's claim for an increased rating in excess of 30 percent prior to November 27, 2018 for Meniere’s syndrome is denied. The Veteran does not meet the criteria for a higher rating as his symptoms do not include attacks of vertigo and cerebellar gait occurring from one to four times a month or more than once weekly.

The Veteran's petition to reopen his claim of entitlement to service connection for bilateral foot condition is granted, including pes planus and plantar fasciitis.,The Veteran's petition to reopen his claim of entitlement to service connection for OSA on a secondary basis due to PTSD is granted.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to service, including as secondary to his service-connected PTSD. Additional development and opinions are needed.

The Board has determined that the Veteran's sleep apnea is related to his active service, and therefore grants service connection for this condition.

The Veteran's depressive disorder was rated at 30% prior to January 30, 2012 and granted a 70% rating effective January 30, 2012.,Service connection for sleep apnea, atrial fibrillation, and hypertension secondary to residuals of left knee injury with arthritis is remanded.

The Veteran's claim for service connection for ocular surface disease (claimed as dry eyes) has been denied.,The Veteran's claim for service connection for lumbosacral strain with 50 percent L1 compression has also been denied.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's sleep apnea is related to his service-connected asbestosis. The Veteran needs additional medical opinions to clarify these issues.

The Veteran's claim for automobile or other conveyance and adaptive equipment is remanded due to conflicting medical records regarding the presence of left foot drop, which could affect eligibility. Additional VA evaluations are needed to clarify this issue.

The Board has remanded the claims for a higher initial rating for a lumbosacral spine disability and entitlement to TDIU due to inadequate VA examination reports prior to September 15, 2017. A retrospective medical opinion is needed to address the severity of the service-connected condition during the period on appeal.

The Veteran's claims for service connection for obstructive sleep apnea syndrome, vascular eczema, and migraine headaches have been denied.,There is no evidence of a current disability in any of these conditions during or after service.