Sleep apnea decisions — 2020

The Veteran's lumbar spine disability has been granted a 20 percent rating since January 13, 2020. The condition is manifested by pain and limited motion.

The Board has determined that the VA examiner's opinion is inadequate and remands the case for a new medical opinion to determine if the Veteran's obstructive sleep apnea had its onset during active service or was otherwise related to active military service, including exposure to sandstorms.

The Board has determined that the Veteran's claims for service connection and TDIU are remanded due to insufficient medical opinions regarding his sleep apnea, stroke residuals, and diabetic peripheral neuropathy. The VA must provide a new examination or opinion in these areas.

The Veteran's back disability, bipolar disorder, sleep apnea, and migraine headaches are all granted as secondary to his service-connected psychiatric disabilities.,Service connection for diabetes mellitus, type II, and hypertension is denied.

The Veteran's claim for increased rating and service connection for various disabilities are being remanded due to the need for additional medical opinions.

The Board has remanded the claims for service connection for a skin disorder and sleep apnea due to insufficient reasons provided in the previous decision. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issues.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.

The Board has decided that the Veteran's respiratory disorder, including obstructive sleep apnea and pulmonary embolus, is related to his service-connected type II diabetes mellitus. However, the opinion provided by the VA examiner did not address the aggravation aspect of the secondary service connection claim or the specific facts of the case regarding the onset of the Veteran's sleep apnea in service. Therefore, the matter must be remanded for further examination and opinion.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar spine disability rating, and TDIU due to inadequate medical opinions in the July 2019 VA examination.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the criteria for service connection have been met, as his PTSD is related to his in-service combat experiences. The Veteran's claim for secondary service connection for sleep apnea is remanded and requires further examination.

The Board has granted service connection for generalized anxiety disorder (claimed as PTSD due to MST) and denied service connection for obstructive sleep apnea. The Veteran's generalized anxiety disorder is related to in-service sexual assault, while her obstructive sleep apnea does not have a link to service.

The Veteran's claims for right ear hearing loss, tinnitus, and sleep apnea to include as secondary to PTSD are denied. The claim for an acquired psychiatric disorder including PTSD is granted but the issue of service connection for left ear hearing loss is remanded.

The Veteran's claim for service connection for sleep apnea is denied, but his PTSD is granted an initial 70 percent rating.

The Board dismissed the Veteran's claim for an earlier effective date for a 50 percent evaluation of obstructive sleep apnea, finding that the determination became final and binding on the Veteran with respect to the assignment of the October 9, 2007 effective date.

The Board has decided that the Veteran's claim of entitlement to service connection for obstructive sleep apnea as secondary to his service-connected PTSD should be remanded due to a duty-to-assist error in obtaining an adequate opinion regarding whether PTSD causes or aggravates sleep apnea.

The Veteran's tinnitus and PTSD have been granted service connection, with a 50% rating for PTSD. The lumbosacral strain disability has been denied an increased rating.

The Veteran's hypertension is not service-connected as it is not related to his active duty service, including exposure to herbicide agents.,The Veteran's obstructive sleep apnea is not service-connected as it is not secondary to his service-connected diabetes mellitus, type II.

The Board has decided to remand the case due to insufficient evidence and need for further examination, particularly regarding the Veteran's service connection claim for obstructive sleep apnea.

The Veteran's claims for a higher rating for his low back disability and TDIU are remanded due to lack of substantial compliance with previous Board directives.

The Board has decided that the Veteran's obstructive sleep apnea is service connected, but has remanded for further examination and opinion regarding his restless leg syndrome.