Sleep apnea decisions — 2020

The Veteran's claims for increased ratings for migraines and lumbosacral strain are being remanded due to improper adjudication under the AMA system. The RO must correct this, readjudicate the claims, and provide a supplemental statement of the case (SSOC).

The Board has remanded the case due to the need for a new medical opinion regarding whether the Veteran's current obstructive sleep apnea is related to service or pre-existing conditions, and whether it is caused by or aggravated by his service-connected disabilities.

The Veteran's service-connected migraine headaches are rated at 50 percent effective September 14, 2009. The appeal for increased ratings in other conditions and issues is dismissed.

The Veteran was granted a TDIU prior to October 7, 2011, and denied from October 7, 2011, to August 31, 2012. The Board found that the Veteran met the criteria for a TDIU based on all service-connected disabilities during the period prior to October 7, 2011.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea and an increased rating for post nasoseptal deviation with allergic rhinitis due to additional development being required. Specifically, more private opinion evidence is needed regarding whether the Veteran’s sleep apnea is secondary to his service-connected nasal condition.

The Board has determined that the Veteran's obstructive sleep apnea and twisted esophagus, GERD are not related to his active service or any service-connected conditions.

The Veteran's service-connected disabilities render him unable to obtain or maintain a substantially gainful occupation, and the Board has granted his claim for TDIU.

The Board has decided to remand the case due to insufficient evidence regarding a possible nexus between the Veteran's sleep apnea and service, specifically his participation in a gas chamber exercise during basic training.

The Veteran's claim for service connection for sleep apnea has been dismissed as the Veteran withdrew his request prior to a decision being made. The claims for increased ratings for back disability, right knee and left knee disabilities, and TDIU are remanded.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to December 31, 2014. From December 31, 2014, the criteria for TDIU were not met.

The Board has remanded the Veteran's claims for service connection for sleep apnea, compensation for loss of use of the lower extremities due to service-connected disability, and entitlement to a specially adapted automobile or adaptive equipment only. The Veteran is not entitled to service connection for his claimed sleep apnea as there is no evidence that it began in service or is otherwise etiologically related to active service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected asthma. Other conditions are denied.

The Veteran's right shoulder, lumbar and thoracic spine, left ankle, OSA, and hypertension conditions were denied as service connection due to lack of evidence linking these conditions to his military service.,Service connection was remanded for TBI, GERD, and traumatic brain injury (TBI).

The Veteran's lumbosacral spine degenerative joint disease disability is being remanded for further evaluation as the Veteran testified that his condition has increased in severity since his last VA examination.

The Veteran's claims for service connection were denied. The Board granted a 50 percent evaluation for migraine headaches, effective from November 22, 2013. Service connection was not established for sleep apnea, an acquired psychiatric condition, tinnitus, or heart murmur with history of myocardial infarctions.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Board has remanded the Veteran's claims for hiatal hernia and sleep apnea due to insufficient consideration of his credibility, medical evidence, and exposure to burn pits. The VA examinations are inadequate as they did not fully address these issues.

The Board has decided that the Veteran's obstructive sleep apnea is not related to his service and remands the case for further development, including obtaining additional medical records and a new opinion.

The Veteran's right shoulder disability is granted service connection. Service connection for sleep apnea and an acquired psychiatric disorder (including anxiety and depression) are remanded due to lack of evidence supporting the claims. Increased ratings for cervical, lumbar spine, left and right knee disabilities, and bilateral plantar fasciitis are also remanded.

The Veteran's appeal is remanded due to the need for a VA examination to determine if his obstructive sleep apnea started during service or is related to his already service-connected asthma.