Sleep apnea decisions — 2020

The Board has determined that the Veteran's sleep apnea is not related to his service or secondary to his service-connected interstitial lung disease, and thus denied his claim for service connection.

The Board has remanded the claims of entitlement to service connection for obstructive sleep apnea and skin condition due to insufficient evidence in the record. The AOJ is instructed to verify the Veteran's current duty status, obtain updated VA treatment records, and schedule appropriate examinations.

The Veteran's appeal for a higher rating for his service-connected lumbosacral spine disability was denied. The Board also remanded the issue of whether his right knee condition is secondary to his left knee disability, which requires further examination and opinion.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD and obesity. The AOJ should obtain a new opinion from a mental health professional.

The Board previously denied the Veteran's claim for service connection for sleep apnea, but has now remanded it due to a lack of compliance with previous instructions regarding Dr. Jabbour's statement.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his back disability and for entitlement to TDIU due to unresolved medical opinions regarding his bowel, bladder, and erectile dysfunction.

The Veteran's claim for service connection for obstructive sleep apnea was reopened and granted. The evidence showed that the Veteran had symptoms of sleep apnea during his military service, which he reported to his wife and fellow service members.

The Board denied service connection for Obstructive Sleep Apnea, finding that the Veteran's current diagnosis of OSA was not causally related to his military service and did not arise from a service-connected disability.

The Board has denied service connection for bilateral pes planus, chronic feet dryness, and glaucoma. The Veteran's claims for sleep apnea, irritable bowel syndrome (IBS), and chronic fatigue syndrome (CFS) are remanded due to inadequate examination findings.

The Veteran's lumbosacral strain is granted a 20 percent disability rating, but the issue of a higher rating remains pending. The case is remanded to determine if lower extremity radiculopathy is secondary to service-connected lumbosacral strain.

The Veteran's claims for increased ratings for his lumbar spine disability and left leg radiculopathy are being remanded due to the need for additional development, including obtaining retrospective medical opinions regarding flare-ups and functional loss prior to March 2015, and clarifying the effective date and ratings assigned for radiculopathy of the left leg.

The Veteran's PTSD symptoms have resulted in total occupational and social impairment, warranting a 100% disability rating.

The Veteran's claim for service connection for diabetes mellitus, type II was reopened due to the submission of new and material evidence. The Board found that while obesity may be related to his service-connected disabilities, it did not meet the criteria for secondary service connection as a result.

The Veteran's claim for service connection for difficulty sleeping has been reopened. The Board has also remanded the issue of whether sleep apnea is related to service, as new evidence was submitted and a VA examination is needed.

The Board has decided to remand the case due to duty-to-assist errors, specifically a lack of VA medical opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's claims for increased ratings for lumbosacral strain, left and right lower extremity radiculopathy were denied. The Board found that the current ratings of 20 percent for lumbosacral strain, 10 percent before September 24, 2019, and 20 percent thereafter for both lower extremities radiculopathy are appropriate.

The Veteran's claim for an initial disability rating in excess of 40 percent for lumbosacral strain with degenerative arthritis and intervertebral disc disease was denied. Effective dates prior to November 9, 2016 were also denied for the grant of service connection for various lower extremity radiculopathies.

The Board has remanded the claims for service connection for PTSD, depression, and sleep apnea due to additional development being required. The SMP claim is also remanded as it is inextricably intertwined with the other claims.

The Board has granted service connection for obstructive sleep apnea, finding that it began during active military service.

The Veteran's claims for higher ratings for GERD and left forearm and elbow disability are being remanded due to deficiencies in the VA examinations conducted.,The Veteran's claims for service connection for a sleep disorder, left shoulder disability, hypertension, and erectile dysfunction are also being remanded as addendum opinions were inadequate.,The Veteran's claim for an increased rating for major depression is being remanded due to its inextricability with the service connection claim for a sleep disorder.