Sleep apnea decisions — 2020

The Board has determined that additional examinations are needed for the Veteran's lumbosacral strain, scars, and bilateral hearing loss due to the lack of recent VA examination findings. The claims for increased evaluations and TDIU on an extraschedular basis are also remanded.

The Veteran's PTSD is granted a 70 percent rating, but no higher. Service connection for right shoulder disability, lumbosacral spine disability, and radiculopathy of the bilateral lower extremities are remanded.

The Board has remanded the claims due to insufficient evidence and need for additional examinations. The Veteran's service-connected conditions, including his lumbosacral strain, left knee chondromalacia, and right knee disorder, are being evaluated further.

The Board has remanded the case for a new VA examination to determine if the Veteran was entitled to special monthly compensation based on the need for aid and attendance prior to his death. The examiner is requested to consider the specific impairing attributes associated with each of the Veteran's service-connected disabilities.

The Board has remanded the case due to an inadequate opinion regarding whether the Veteran's service-connected diabetes caused his obesity and aggravated his obstructive sleep apnea.

The Board has remanded the claims for service connection for sleep apnea and erectile dysfunction on a secondary basis, as well as the TDIU claim due to these disabilities. Additional medical opinions are needed to determine if the conditions were caused or aggravated by service-connected disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis had its onset during his active duty service and resolving all reasonable doubt in favor of the Veteran.

The Board has decided to remand the claim for a disability rating in excess of 10 percent for lumbosacral strain prior to July 28, 2016, and in excess of 40 percent thereafter due to insufficient evaluation criteria provided by the VA examiner.

The Veteran's sleep apnea and migraine headaches are service-connected, but his TBI residuals are not. The decision also remanded the issue of a total disability based on individual unemployability prior to January 11, 2017.

The Board denied the claims for service connection for a back condition and sleep disorder (including sleep apnea) as there is no evidence linking these conditions to service.

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's left index finger scars and to determine the etiology of his bilateral hearing loss, hypertension, GERD, and obstructive sleep apnea. The claims for increased ratings and service connection are being remanded.

The Veteran's claim for a higher rating for IVDS and lumbosacral strain is denied. The Board finds that the evidence does not support a higher rating than 40 percent from April 15, 2019 to the present.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence to support a higher rating for lumbosacral strain prior to August 11, 2017 or since that date. Service connection was also denied for DVT of the right lower extremity and hypertension.

The Board has remanded the Veteran's claims for service connection for sleep apnea and a heart disability due to inadequate medical opinions regarding their etiology. The Veteran is seeking service connection for both conditions as secondary to his service-connected conditions.

The Board has remanded the case due to a lack of a VA examination for sleep apnea and because the Veteran's statements relating his sleep apnea to service were not considered in the July 2019 rating decision. The Veteran is diagnosed with sleep apnea, but no VA examination has been provided.

The Board denied additional attorney fees based on past-due benefits awarded in the May 2019 rating decision, as the appellant has already received attorney fees for that amount.

The Board denied service connection for sleep apnea, finding no evidence linking the condition to service or service-connected PTSD.

The Board has denied service connection for various conditions, including sleep apnea, liver disorder, gout, residuals of mini-strokes, PN of the bilateral lower extremities, and prostate cancer. The evidence does not support a finding that these conditions are related to service.

The Board has granted readjudication of the claims for service connection for a lumbar spine condition and sleep apnea, finding new and relevant evidence. The claims are remanded for further examination to determine if these conditions are related to military service.

The Veteran's claims for service connection for allergic rhinitis, right ankle disability, and sleep apnea have been remanded. The claim for a rating in excess of 30 percent for migraine headaches has also been remanded.