Sleep apnea decisions — 2020

The Board has remanded the case due to an inadequate VA examination and a need for further clarification on whether the Veteran's OSA is caused or aggravated by his service-connected depressive disorder.

The Veteran has withdrawn their appeals regarding service connection for a neck disorder, a higher initial rating for the headache disorder, and increased disability ratings for lumbosacral strain, right and left hip impairment, limitation of right and left hip flexion, and left knee painful flexion with arthritis. As such, these issues are dismissed.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected lower back disability and anxiety, finding that obesity related to these disabilities caused or worsened his sleep apnea.

The Board has remanded the Veteran's claims for service connection for various conditions due to new evidence submitted after a previous denial.

The Board has denied an increased rating for degenerative lumbar arthritis and IVDS, but has remanded the issue of service connection for sleep apnea.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD, finding that the evidence is at least evenly balanced in favor of this claim.

The Veteran's claim for a higher evaluation for his service-connected lumbar spine disability is denied as the evidence does not show that his disability meets or approximates the criteria for a rating in excess of 20 percent.

The Board denied service connection for various conditions, including stomach hernia, diabetes, cervical spine disorder, hypertension, erectile dysfunction, sleep apnea, and myopathy. The evidence did not support a finding of direct service connection or secondary to service-connected disabilities.

The Board has decided that a VA examination is needed to determine if the Veteran's sleep apnea is related to his military service.

The Veteran's claim for service connection for chloracne has been reopened and granted. The rating for bilateral hearing loss disability remains denied, as does the claim for service connection for hypertension secondary to PTSD and for obstructive sleep apnea secondary to PTSD.

The Board has decided to remand the claim for service connection for sleep apnea due to an inadequate examination and incomplete rationale. The Veteran's lay evidence regarding symptoms during service is not considered relevant, but his contention of not knowing about sleep apnea prior to separation from service must be reconciled with any potential reporting of symptoms such as daytime fatigue or sleepiness.

The Veteran was granted service connection for various conditions, including sleep apnea, herpes simplex, insomnia and nightmare disorder, right knee patellofemoral pain syndrome, etc., effective August 1, 2017.

The Veteran's service-connected lumbosacral spine disability and associated neuropathy of the lower extremities did not preclude him from obtaining or retaining substantially gainful employment prior to February 10, 2010.

The Board has granted service connection for tinnitus and obstructive sleep apnea (OSA) as secondary to service-connected sinusitis. The remaining issues of increased ratings for migraine headaches, hiatal hernia, lumbosacral spine disability, cervical spine disability, and right shoulder disability are remanded.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected cerebral sarcoidosis with partial seizures and arthralgia, due to post-service weight gain/obesity attributable to the service-connected condition.

The Veteran's headache disability, diagnosed as chronic headaches and tension headaches, is granted service connection on the basis of aggravation by his service-connected psychological, lumbar spine, left knee, and left ankle disabilities. The Veteran's obstructive sleep apnea claim is denied.

The Board has expanded the scope of the Veteran's appeal to include consideration as to whether service connection may be awarded for any current sleep disorder. The claim is remanded for a new medical opinion.

The Veteran's claim for TDIU was previously remanded, and the Board finds that he should be given one more opportunity to complete the required VA Form 21-8940. If still not meeting schedular requirements, his case will be submitted to the Director of Compensation for extra-schedular consideration.

The Board denied service connection for migraine headaches, finding that the Veteran's current diagnosis of migraines did not have its onset in service or was otherwise unrelated to his military service.,The Board also denied service connection for sleep apnea, concluding that there is no evidence linking the Veteran’s current condition to his active duty.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is in equipoise as to whether his current condition is causally related to his active duty service.