Sleep apnea decisions — 2020

The Board has decided to remand the Veteran's claims for lumbosacral strain with posterior disc bulge and right lower extremity radiculopathy due to additional evidence being added to the record. The case will be returned to the agency of original jurisdiction (AOJ) for review.

The Board has remanded the Veteran's claims for OSA, right and left lower extremity radiculopathy, and GERD due to evidence indicating their service-connected disabilities have worsened since the last VA examinations.

The Board has decided to remand two issues: entitlement to a total disability rating due to individual unemployability and entitlement to an extraschedular rating for the Veteran's service-connected back disability. The decision is based on incomplete records, specifically missing Social Security Administration disability benefits records.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service. The Veteran provided lay statements from people who served with him, but an addendum opinion is needed to consider these statements and determine if they support a finding of in-service onset or aggravation.

The Board has remanded the claims of service connection for basal cell carcinoma, polyneuropathy of bilateral upper and lower extremities, and OSA due to a lack of an opinion regarding their relationship to service.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's sleep apnea is related to his service-connected PTSD and/or ischemic heart disease, or if obesity caused by these conditions is a substantial factor in causing or aggravating his sleep apnea.

The Veteran's initial rating for lumbosacral strain is granted at 40 percent from January 12, 2015. Service connection for TMJ disorder as secondary to PTSD is granted. Claims for left and right hip disabilities are reopened. Effective dates for service connection of lower extremity radiculopathy and TDIU from January 12, 2015 are granted.

The Veteran's left knee disability, acquired psychological disorder (including stressor related disorder), and back disability are granted service connection. The Veteran's sleep apnea is denied service connection. Service connection for a traumatic brain injury and a headache disability secondary to the traumatic brain injury are remanded.

The Board denied service connection for various conditions, including removal of tonsils, cholesterol condition, catherization of male organ, decreased vision in both eyes, right-elbow torn ligament status post-surgery, right-elbow scar with keloid, dental condition, left-ear drum disorder, perforation of the tympanic membrane, thoracolumbar spine degenerative arthritis, sleep apnea, stomach condition with acid reflux (claimed as due to Gulf War), left ankle and right ankle degenerative arthritis, a disorder manifested by feeling tired with a lack of energy, vertigo, bilateral feet condition, right-heel bone spur, neck condition with limited mobility, sinus surgery with turbinate surgery, allergies, and breathing condition (claimed as due to smoke and fumes).

The Veteran's OSA disability is granted as service connected, with the effective date back to the original denial in December 2005.

The Board has reopened the Veteran's previously denied claims for service connection for a headache disorder, residuals of a head injury, sleep apnea, and psychiatric disorder. The claims are being remanded to obtain additional medical opinions regarding whether these conditions are related to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for sleep apnea, as well as his claims for increased ratings for his bilateral meniscal conditions. The issues are being remanded due to conflicting opinions in the examination reports and because of the Veteran's reported flare-ups.

The Board has granted a 40 percent rating for the appellant's service-connected lumbosacral strain from October 30, 2008.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, finding that the evidence is at least in equipoise and granting the benefit of doubt.

The Veteran's claims of service connection for residuals of a head injury, memory loss, depression with insomnia, and obstructive sleep apnea have been reopened due to the submission of new evidence. The issues are being remanded for further review.

The Veteran's service-connected obstructive sleep apnea and chronic dry eye condition are granted. The claim for a compensable rating for erectile dysfunction is denied, as the Veteran does not have a penile deformity. The appeal regarding PTSD has been withdrawn.

The Board denied the Veteran's claims for service connection for sleep apnea, dementia, and migraines due to a lack of evidence supporting an in-service car accident that occurred during his active duty. The Board found no nexus between these conditions and his military service.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current condition had its onset during service and resolving reasonable doubt in his favor.

The Veteran's respiratory condition, including COPD and OSA, is rated at 30 percent from April 28, 2011, and at 50 percent from May 14, 2019. The right lower extremity radiculopathy is currently rated at 10 percent. Other issues related to service connection or disability ratings are being remanded for further development.

The Board denied all claims for service connection and increased ratings due to lack of current diagnoses or insufficient new and material evidence. The Veteran's sleep apnea claim was denied as there is no evidence of a current diagnosis.