Sleep apnea decisions — 2020

The Veteran's claims for service connection for sleep apnea, migraines, a bilateral shoulder condition, residuals of bilateral tibia fractures, and a neck condition have been reopened due to the submission of new and material evidence.,Service connection has been granted for tinnitus.

The Board has decided to remand the Veteran's claims for sleep apnea and helicobacter pylori infection due to insufficient evidence, including a lack of VA examinations and incomplete medical records.

The Veteran's TDIU claim is granted effective November 10, 2011. A 10 percent rating for status-post laceration of the right long and ring fingers with residual painful scar is also granted effective that date.

The Veteran's petition to reopen the claims for obstructive sleep apnea, bilateral upper extremity arthralgia, and bilateral lower extremity arthralgia was granted. The appeal is granted on these issues.,The Veteran's claims for service connection for lumbar spine disability and cervical spine disability are being remanded due to insufficient evidence.

The Veteran's claims for service connection have been denied. The Board has found that the Veteran's OSA and related conditions are not related to his active duty service, while his heart condition, hypertension, and other claimed conditions lack sufficient evidence of a nexus to his military service.

The Board has granted the reopening of claims for service connection for a cervical spine disorder, but denied the reopening of claims for obstructive sleep apnea and thoracic and lumbar spondylosis. The case is remanded for further development.

The Board has granted service connection for bilateral hearing loss but denied service connection for obstructive sleep apnea, finding that the evidence is in equipoise as to whether the Veteran's current bilateral hearing loss disability is related to his military service. The Board also found no competent and credible evidence demonstrating a direct relationship between the Veteran's OSA and his military service or any other event of service.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability, right knee disability, and obstructive sleep apnea due to incomplete records and lack of an opinion on whether these conditions are related to active service.

The Board has determined that further development is needed to properly adjudicate the Veteran's claims for service connection of left and right hip disorders, obstructive sleep apnea, and heart disease. The issues have been REMANDED.

The Veteran's service-connected disabilities, including traumatic arthritis of his lumbosacral spine, entrapment of the lumbar nerve root in his left lower extremity, radiculopathy of his right lower extremity, tinnitus, and bilateral hearing loss, preclude him from obtaining and maintaining gainful employment. The Board has granted a TDIU rating.

The Veteran's petition to reopen the claim for service connection for lower and upper back problems was granted. The Board also remanded several issues including increased ratings, initial compensable disability ratings, and service connection claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.

The appeal to reopen a claim of service connection for sleep apnea is granted. The claims for bilateral ankle disability and bilateral knee disability are denied, but the low back disability with right side radiculopathy remains under review.

The Veteran's low back disability is rated at 20 percent, and no higher.,The Veteran's left foot numbness with plantar fasciitis (left lower extremity peripheral neuropathy) is rated at 20 percent from January 10, 2019.

Effective January 31, 2013, the Veteran received increased ratings for Ehlers-Danlos syndrome affecting his left shoulder and knees. Effective February 15, 2013, he also received additional disability ratings for recurrent dislocations of each shoulder and instability of each knee.,The effective date for the reduction in rating for chronic strain of the lumbosacral spine from 20% to 10% was January 8, 2014.

The Board has granted the reopening of the claim for service connection for hypertension and denied the claim for service connection for sleep apnea.

The Board has granted service connection for Obstructive Sleep Apnea and Hypertension, finding that the evidence is at least in equipoise that these conditions had their onset during active service.

The Board has remanded the claims for service connection for sleep apnea and hypertension due to inadequate opinions regarding causation and aggravation by service-connected conditions.

The Board has remanded the case due to new evidence showing fatigue and possible sleep trouble in service, which may be related to the Veteran's current sleep apnea. The VA examiner is requested to provide an opinion on whether the Veteran's sleep apnea had its onset during service or is otherwise directly related to his active duty.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 18, 2019. The Board has found that a higher rating is not warranted for the period from February 26, 2013 to August 18, 2019. However, the Veteran's TDIU claim remains pending as it was previously denied and he contends he is unemployable due to his back condition.