Sleep apnea decisions — 2020

The Veteran's claim for service connection for left knee disability, back disability, headaches secondary to PTSD, bilateral hearing loss, tinnitus, and sleep apnea is not reopened. The Veteran's PTSD has been granted a 70% rating effective from February 8, 2018. An earlier effective date for the increased PTSD rating cannot be established.

The Board has determined that the VA examinations and opinions provided were not sufficient to address the Veteran's claims for service connection. The Veteran is being remanded for additional evaluations and opinions.

The Veteran's service-connected disabilities have rendered him unable to secure and follow any substantially gainful employment since September 27, 2012. Effective as of that date, he is granted a TDIU and basic eligibility for DEA benefits.

The Veteran's lumbosacral strain with arthritis is rated at 40 percent from April 18, 2017. He also received a grant for special monthly compensation based on need for aid and attendance.

The Board has decided to remand the cases for further development and consideration, including obtaining an addendum opinion regarding the etiology of the Veteran's obstructive sleep apnea and its relationship to his service-connected pulmonary histoplasmosis.

The Board has remanded the case due to inadequate development and the need for additional medical opinions regarding the Veteran's sleep apnea, including whether obesity is an intermediate step in its development or if it was caused or aggravated by service-connected conditions.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected bronchial asthma. The case is being returned for further development and an addendum opinion from a clinician.

The Board has granted the reopening of the claim for service connection for a lumbar spine disability, but denied it on the merits.,Service connection was denied for a left shoulder disability.

The Board denied an increased disability rating for the Veteran's service-connected chronic lumbosacral strain, finding that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating.

The Board has remanded the Veteran's low back disability claim due to inadequate compliance with its April 2019 remand directives, including obtaining updated VA treatment records and an adequate VA medical opinion.

The Veteran's tuberculin condition, lumbosacral strain, sciatica of the left and right lower extremities, left ankle sprain, keloid boils, and acne are not service-connected as they do not meet the criteria for a disability.

The Veteran's claim for an earlier effective date for the award of a 50 percent rating for service-connected sleep apnea is dismissed. The claim of CUE in the October 2006 rating decision is also dismissed due to lack of specificity.

The Board has remanded the cases for additional development due to non-compliance with previous directives. The Veteran's obstructive sleep apnea and lumbar spine disability are being reviewed again as there is insufficient evidence regarding their etiology.

The Veteran's claims for service connection have been reopened, and the Board has granted entitlement to service connection for various conditions. The effective dates are not specified as they were not addressed in this decision.

The Board has granted the Veteran's claim for service connection for a sleep disorder, including sleep apnea. The decision is based on the presumption of soundness and finding that the Veteran did not have pre-existing sleep apnea at entry to service and that his condition was aggravated by his active duty service.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected diabetes mellitus, type II, and PTSD. Ratings for peripheral neuritis of the left and right lower extremities are granted at 20 percent prior to May 20, 2013, and remain denied thereafter.

The Board has remanded the Veteran's claim for a medical opinion to determine if his sleep apnea had its onset during service or is otherwise related to service, and whether it was caused by or aggravated by his service-connected PTSD.

The Board has remanded the case due to insufficient consideration of the Veteran's exposure to burn pits and oil well fires during service, as well as his post-deployment examination findings.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no medical evidence to support a link between his current condition and his military service.

The Board denied service connection for sinusitis, obstructive sleep apnea (OSA), and fibroids with a resulting hysterectomy. The Veteran's claims were not granted as her conditions are not related to service.,Service connection was denied because the evidence did not support a finding that any of these conditions were caused or aggravated by service.