Sleep apnea decisions — 2020

The Veteran's claim for PTSD with memory loss is granted. The claims for diabetes mellitus II, left and right lower peripheral neuropathy, sleep apnea syndromes, hypertension, COPD, and GERD are denied.

The Veteran's claim for an increase rating in excess of 10 percent for lumbosacral strain with degenerative joint disease was denied. The Board found that the evidence did not support a higher rating based on limitation of motion.,The Veteran's claim for a compensable rating for bilateral hearing loss was also denied. The Board noted that there is no exceptional pattern of hearing impairment and the Veteran failed to report for a VA examination, resulting in a noncompensable rating.

The Board has decided to remand the case due to inadequate opinions and a need for further examination.

The Veteran's service-connected disabilities, including PTSD and major depressive disorder, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbosacral strain was granted an effective date of February 5, 2017.,The Veteran's pseudo-folliculitis barbae with history of acne keloidalis nuchae (PFB) was granted an effective date of November 29, 2018.

The Board has remanded the claims for hypertension, obstructive sleep apnea (OSA), and diabetes mellitus secondary to service-connected PTSD due to duty-to-assist errors.

The Board has decided to remand the case due to a lack of an examination for sleep apnea and discrepancies in the provided evidence. The Veteran's service connection claim will be reviewed with further medical evaluation.

The Board denied the Veteran's claims for service connection for a back disability and sleep apnea, finding no competent evidence linking these conditions to his military service.

The Board has remanded the case due to missing VA treatment records and a sleep study result. The earlier effective date claim for dysthymic disorder is denied, and service connection for sleep apnea is remanded.

The Board has remanded the claims for obstructive sleep apnea and PTSD due to potential errors in the previous decisions. The Veteran needs to provide results of a January 2020 sleep study, verify his claimed stressor with JSRRC, and obtain an addendum opinion from the VA examiner.

The Veteran's TDIU claim is dismissed as moot since he had a combined 100% schedular rating for his service-connected disabilities from July 2009 onwards, but not with one rated as totally disabling.

The Veteran is granted a rating of 40 percent for his lumbar or lumbosacral spine DJD and DDD, but the issue of entitlement to TDIU remains remanded due to lack of response from the Veteran.

The Board has determined that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected posttraumatic stress disorder.

The Veteran's left ear hearing loss disability is granted as service-connected.,Service connection for obstructive sleep apnea (OSA) is denied, with the exception that it may be secondary to service-connected tinnitus.

The Veteran's initial claim for service connection for sleep apnea was denied in July 2005, but reopened due to new evidence presented. The claims of service connection for a back disorder and skin disorder were also reopened. A rating higher than 30 percent for PTSD prior to February 20, 2019 is denied, while a 50 percent rating from that date onward is granted. The Veteran's PFB remains rated at 10 percent.

Service connection is granted for lumbosacral strain. The Veteran's current low back disorder is etiologically related to a back injury in service.,Service connection is denied for right ankle pain and left ankle pain, as well as obstructive sleep apnea. There is no evidence of chronic disability in service or post-service continuity of symptomatology.,Service connection is remanded for right wrist pain, cold and upper respiratory infections (claimed as sinus disorder), and bilateral partially compensated flatfoot and plantar fasciitis.

The Board has determined that additional development is needed for the claims of service connection for obstructive sleep apnea and an acquired psychiatric disorder, as well as the claim for TDIU. The case will be returned to the AOJ for further action.

The Board has decided to remand the case due to insufficient rationale in the previous opinion and the need for further verification of the Veteran's service dates. The Veteran is seeking service connection for obstructive sleep apnea, which was diagnosed after his military service.

The Veteran's OSA is denied as there is no evidence to support a connection between his current condition and service.

The Veteran's right eye condition is remanded for a VA examination to determine the nature and etiology of his claimed condition.,The Veteran's bilateral sensorineural hearing loss is remanded for a VA examination to determine the nature and etiology of his claimed condition, including whether it was caused by in-service acoustic trauma.,The Veteran's lung condition is remanded for a VA examination to determine the nature and etiology of his claimed condition, including exposure to herbicides, asbestos, or jet fuel fumes during service.,The Veteran's sleep apnea is remanded for a VA examination to determine the nature and etiology of his claimed condition, including exposure to herbicides, asbestos, or jet fuel fumes during service.,The Veteran's acquired psychiatric disability to include PTSD is remanded for additional development to verify in-service stressors.