Sleep apnea decisions — 2020

The Veteran's claim for earlier effective date of August 20, 2016, but not earlier, for the grant of service connection for tinnitus is granted. The claims for service connection for cervical and back disabilities are denied.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected major depressive disorder. The claim will be reconsidered with additional examination and opinion.

The Veteran's TDIU claim is remanded due to the failure to refer his case for extraschedular consideration prior to December 30, 2019. The Board finds that he meets the criteria for such referral.

The Veteran's appeals for compensable ratings for fibromyalgia and sleep apnea have been dismissed as the Veteran withdrew his appeal before a decision was made.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a TDIU rating.

The Veteran's service-connected disabilities, including obstructive sleep apnea and thoracolumbar spine levoscoliosis curve, have rendered him unable to engage in substantially gainful employment.

The Veteran withdrew his appeal regarding service connection for obstructive sleep apnea before the Board could make a decision.

The Board denied service connection for TMJ with bruxism as the evidence did not establish a current disability, and service connection was denied for sleep disorder and joint pain secondary to exposure to contaminated water at Camp Lejeune.,Service connection was granted for bilateral hearing loss but remanded due to insufficient readjudication of the claim.

The Board has remanded the Veteran's claims for higher evaluations for his service-connected obstructive sleep apnea, obstructive lung disease and back disability due to outstanding VA medical records not being obtained.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment since at least August 20, 2002.,The Board has remanded the issue of entitlement to an extraschedular TDIU from August 20, 2001 to August 20, 2002 for referral to the Director of Compensation Service.

The Board denied the Veteran's claims for service connection for a lumbosacral spine disability and an initial compensable rating for bilateral hearing loss, finding that there was no evidence to support these claims.

The Veteran's sleep apnea is being remanded for a VA medical examiner to determine if it is at least as likely as not caused or aggravated by his service-connected bronchial asthma with COPD. The TDIU issue is also being remanded due to its inextricability from the service connection claim.

The Board has decided to remand the case due to inadequate examination and new assertions by the Veteran regarding his obstructive sleep apnea. The case is being returned for further review, including a new VA opinion on whether the Veteran's OSA is related to service.

The Board has remanded four issues related to the Veteran's service connection claims, including sleep apnea, right wrist disability, bilateral hearing loss, and low back disability. The Veteran will need further examinations to determine the nature and etiology of these conditions.

The Veteran's claims for service connection for headaches, PTSD, gouty arthritis, and obstructive sleep apnea were denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that it is not related to his service-connected GERD and PTSD. The Board also found insufficient evidence to support a secondary service connection claim.

The Veteran's claims for service connection for hypertension, left knee disability, right knee disability, and obstructive sleep apnea have been denied. The claim for hypertension is not reopened due to lack of new and material evidence. Claims for left and right knee disabilities are reopened based on the receipt of new evidence. Service connection for obstructive sleep apnea is also reopened.,The Veteran's lumbar spine disability remains rated at 10 percent, with a remand required to issue an SSOC.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities have not precluded him from securing or following substantially gainful employment.

The Veteran's bilateral hearing loss and tinnitus are remanded for further examination to determine their etiology.,The Veteran's sleep apnea is remanded for a VA examination to determine its relationship to his service-connected PTSD.,The Veteran's hypertension and colon polyps are remanded due to the need for additional medical evidence regarding herbicide exposure.,The Veteran's GERD, Barrett’s esophagus, gall bladder removal, left foot disability, right foot disability, eye disability (diabetic retinopathy), and kidney stones are remanded for a VA examination to determine their relationship to his service-connected diabetes mellitus.