Sleep apnea decisions — 2020

The Board denied service connection for DDD of the thoracolumbar spine and sleep apnea, finding no credible evidence linking these conditions to service.

The Veteran's claim for a higher evaluation for his lumbosacral strain and degenerative joint disease of the lumbar spine is granted, with a rating of 40 percent effective February 5, 2007.,The Veteran's claim for TDIU is denied.

The Board denied service connection for sleep apnea, finding that it was not caused or aggravated by the Veteran's service-connected PTSD and right knee/back disabilities.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete records. The RO is instructed to attempt to obtain missing documents from the October 2017 DPRIS response and associate them with the claims file.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and incomplete paralysis of the right femoral nerve due to lack of consideration of flare-ups in previous examinations.

The Board has remanded the claims for service connection for sleep apnea and a respiratory condition, including as secondary to service-connected epistaxis status post excision of nasal polyp and septoplasty. The claims are being returned for additional development.

The appeal on the issue of service connection for psychosis or mental illness for the purpose of establishing eligibility for treatment under 38 U.S.C. § 1702 is dismissed as moot due to a full grant of benefits for anxiety disorder. The case is remanded for further examination and analysis regarding the Veteran's sleep disorder.

The Board has found that a remand is necessary due to inadequate VA medical opinions and the need for further development of the record. The Veteran's OSA may be related to service, but the opinions are insufficient to determine whether it was caused or aggravated by his service-connected depression.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral knee conditions due to insufficient evidence regarding service connection, particularly related to exposure to Agent Orange during service.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected rhinitis and right knee disability.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, left knee disability, and right knee disability due to a lack of evidence linking these conditions to his military service.

The Board has granted service connection for obstructive sleep apnea and an effective date of March 9, 2015, for a 70 percent rating for PTSD. The left shoulder disability remains rated at 20 percent.

The Veteran's PTSD is rated at 70 percent from May 16, 2016. Obstructive sleep apnea is service-connected as secondary to PTSD. TDIU is granted from May 16, 2016.

The Board has denied service connection for hemorrhoids, left shoulder disorder, and right shoulder disorder. The COPD and sleep apnea claims are remanded due to the need for additional medical opinions.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his service-connected hypertension.

The Veteran's claims for service connection for COPD and sleep apnea have been remanded due to the need for additional medical examinations. The Board will consider all evidence, including new treatment records and lay statements, in determining whether there is a reasonable possibility of substantiating the claims.

The Veteran's lumbar spine disability, diagnosed as lumbosacral strain and spondylosis with chronic pain, is granted service connection due to a link between the condition and his in-service injury. The Board found that the evidence raises a reasonable possibility of substantiating the claim.

The Veteran's claim for an earlier effective date for the grant of service connection for postsurgical scar excision/high grade myxofibrosarcoma of the right thigh is denied.,Service connection for pulmonary emphysema, due to presumed exposure to herbicide agents during service in Vietnam, is denied.,The Veteran's mandible dislocation is found to be related to his active service, including presumed exposure to herbicide agents.

The Board has remanded the case due to inadequate development and need for an addendum opinion regarding the etiology of the Veteran's sleep apnea.

The Board has remanded the cases for further development and examination due to lack of compliance with previous directives, need for additional records, and inadequate development regarding range of motion and radiculopathy.