Sleep apnea decisions — 2020

The Board has granted service connection for obstructive sleep apnea and headaches, finding that these conditions are caused or aggravated by the Veteran's service-connected shoulder and knee disabilities as well as his tinnitus.,Service connection is denied for bilateral hearing loss, residuals of a left ear infection, and a right ankle disability due to lack of diagnosis during the appeal period.

The Veteran's claims for service connection were granted, and the Board found new and material evidence to reopen his claims. Service connection was established for carpal tunnel of the right hand. The claims for sleep apnea and numbness in the right arm are remanded.

The Board denied service connection for diabetes mellitus, obstructive sleep apnea, low back condition, bilateral hip condition, and fibromyalgia as the appellant did not have an injury during INACDUTRA that caused these conditions.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new evidence. However, the claim remains pending as it is remanded for further development and an examination.

The Board has granted service connection for a right knee disability and remanded the issue of service connection for sleep apnea.

The Board has granted service connection for obstructive sleep apnea (OSA), but denied service connection for bilateral knee conditions and left ankle condition.

The Veteran's appeal of an initial rating in excess of 10 percent for left elbow disability is dismissed.,A separate 10 percent rating for radiculopathy of the right lower extremity associated with lumbosacral strain is granted, effective July 11, 2014.,Effective July 11, 2014, but no earlier, a total disability based on individual unemployability (TDIU) is granted for unspecified depressive disorder and lumbosacral strain.

The Board has remanded the claims for service connection due to lack of available service treatment records and an inaccurate request for radiation exposure information. The Veteran's bladder cancer is presumed not related to ionizing radiation, but his degenerative arthritis may be related to ionizing radiation or his bladder cancer.

The Veteran's appeals for service connection on all issues except left upper extremity neurological disability and left elbow scar have been withdrawn. The remaining issues are being remanded for further examination and evaluation.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to their passing, as the Board does not have jurisdiction over this matter.

The Board has remanded the Veteran's claims for service connection for prostate cancer, bladder cancer, and obstructive sleep apnea due to unresolved issues regarding exposure to herbicide agents. The Board found that there is at least equipoise evidence of herbicide agent exposure during military service but requires further clarification on whether the Veteran’s bladder cancer is a primary condition or metastasized from his prostate cancer.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is currently rated at 20 percent, but denied for a higher rating prior to February 27, 2019.

The Board has decided to remand the Veteran's claim for further development due to missing documents in his claims file. The case will be returned to the AOJ to attempt to reconstruct the entire claims file and obtain any procedural documents that are missing.

The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After this date, he was granted a 30 percent rating for limitation of extension and a 20 percent rating for meniscal tear.,Major depressive disorder was rated at 30 percent, which is the maximum available under Diagnostic Code 9434.,Degenerative disc disease (low back disability) was rated at 40 percent, but not higher due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.,Erectile dysfunction received a non-compensable rating.

The Veteran's appeal of service connection for sleep apnea has been dismissed due to the Veteran's request to withdraw the appeal.

The Board has determined that the Veteran's tinnitus is service-connected, but remanded other claims for additional development.

The Board has remanded the claims of service connection for a heart disorder and sleep apnea due to new evidence received after the previous denial. The Veteran's heart disorder may have existed prior to his military service, but further examination is needed to determine if it was aggravated by service or incurred during service. For sleep apnea, an examination is required to assess its relationship to service.

The Board has decided to remand the claims for increased ratings for low back disability and bilateral knee disabilities due to missing treatment records and possible worsening of symptoms.

The Board has decided to remand the service connection claim for sleep apnea and the CUE claim in the February 1999 rating decision. The service connection claim will be remanded for a new VA examination, while the CUE claim will be deferred until the RO can consider it.

The Board has decided to remand several issues related to the Veteran's claims, including service connection for sleep apnea, bilateral hearing loss and tinnitus, a heart condition, and hypertension. The reasons for remanding these cases include the need for VA examinations to determine the nature and etiology of the disabilities in question, as well as the need to obtain medical opinions regarding whether the conditions are related to military service or secondary to other conditions.