Sleep apnea decisions — 2020

The Board dismissed the Veteran's claim for service connection for obstructive sleep apnea as there was no valid notice of disagreement submitted within the required timeframe and form.

The Veteran's claim for a higher rating for lumbosacral strain and degenerative joint disease of the lumbar spine was denied, with a 20% rating being granted effective January 2, 2019. The claim for increased hearing loss was also denied.

The Veteran's right and left sciatic nerve pain is not service-connected, as it is caused by his nonservice-connected degenerative disc disease and degenerative arthritis of the lumbar spine. The Veteran was employed prior to March 22, 2017, which precludes a TDIU at that time.

The Board has remanded the claims for service connection for bilateral hearing loss and sleep apnea due to a lack of medical opinion regarding their etiology. The Veteran is requested to provide information about any relevant private or VA treatment records since May 2019.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) did not manifest in active duty service and is not otherwise caused by or aggravated by his service-connected conditions, including hypersomnolence with cortical atrophy and microcephaly and major depressive disorder.

The Veteran is granted a TDIU based on service-connected disabilities other than MDD with PTSD, and SMC based on housebound status since April 7, 2010.

The Veteran's claim for service connection for sleep apnea is denied as there is no confirmed diagnosis of the condition during the appeal period.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms during and after service are related to his current diagnosis.

The Veteran's TDIU claim is granted due to his service-connected disabilities precluding substantially gainful employment.,Service connection for hearing loss is denied as the Veteran does not have a current disability in accordance with VA compensation criteria.

The Veteran's sleep apnea is granted as secondary to service-connected chronic sinusitis and allergic rhinitis. The left knee disability, neck disability, acquired psychiatric disorder (PTSD), and gastrointestinal disorder are denied due to lack of current diagnosis.

The Board has remanded the case for further development and consideration, including obtaining additional VA treatment records and worker's compensation records. The claim for TDIU on an extraschedular basis prior to November 16, 2019 is also being remanded.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms were present during service and are related to his current condition.

The Board has found that the Veteran's diagnosed lumbosacral strain with degenerative arthritis is at least as likely as not related to his military service, resolving all doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD.

The Veteran's service-connected PTSD has been aggravated by his OSA, and the claim for service connection for OSA is granted. The initial increased disability rating in excess of 50 percent for PTSD remains on appeal.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as being proximately due to or the result of the Veteran's service-connected Generalized Anxiety Disorder (GAD).

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition is not related to his military service or a service-connected disability. The gastrointestinal disorder claim was remanded due to incomplete information.,Service connection for the gastrointestinal disorder (claimed as GERD, gastritis and hiatal hernia) remains pending and will be addressed in a future decision.

The Veteran's death was caused by his service-connected disabilities, specifically Meniere’s syndrome and the cardiovascular conditions. The Board found that these conditions aggravated his heart issues and contributed to his cause of death.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disorders, including her current diagnoses of lumbosacral strain, degenerative joint disease, and spinal stenosis. The examiner is requested to provide an addendum opinion addressing whether these conditions are related to service.

The Veteran's initial disability rating for his lower back disability was denied prior to January 9, 2015. From January 9, 2015 to December 30, 2019, a 40 percent disability rating was granted. Since then, the claim for an increased rating has been denied.,The Veteran's lower back disability is rated at 40 percent since December 30, 2019.