Sleep apnea decisions — 2020

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the issues of service connection for various disabilities, including sleep disability, sleep apnea, right foot and leg disabilities, due to pending development and lack of a Supplemental Statement of the Case (SSOC).

The Board has remanded the case due to insufficient evidence regarding the Veteran's left middle finger disorder and sleep apnea secondary to PTSD.

The Board denied the Veteran's claim for service connection for a sleep disorder, including narcolepsy and obstructive sleep apnea, finding that there was no evidence of such conditions during or related to his military service.

The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's skin disorder, which includes rosacea and dermatitis. The issue of service connection is still pending.

The Board denied service connection for a skin disorder and OSA, finding no direct evidence linking these conditions to service. The decision also denied compensation under the 38 U.S.C. § 1151 for loss of peripheral vision due to VA heart surgery.

Service connection is granted for tinnitus. Service connection is denied for sleep apnea and bilateral hearing loss.

The Veteran's PTSD, lumbosacral strain, and right foot fungus are all granted service connection. However, the Veteran is not entitled to a rating in excess of 70 percent for his PTSD.

The Board has determined that new evidence received after the April 2002 denial warrants readjudication of the claim for service connection for a back disability. The Veteran's left lower extremity radiculopathy is inextricably intertwined with this issue and must be remanded.

The Veteran's claims for increased ratings for anxiety disorder, lumbar spinal stenosis, and bilateral lower extremity radiculopathy were denied. The Board found that the Veteran’s anxiety disorder did not meet the criteria for a higher rating as it did not cause deficiencies in most areas such as work or family relations. His lumbar spine disability was rated at 60 percent based on the old criteria, but should have been evaluated under the new General Spinal Formula which does not provide for a 60 percent rating. The Veteran's radiculopathy ratings were also denied.

The Board has granted service connection for Post-Traumatic Stress Disorder (PTSD) with a 70 percent rating and Sleep Apnea at 50 percent, effective October 11, 2011 and March 10, 2014 respectively. The decision is based on the merits of the claims.

The Veteran's claims for PTSD and lumbosacral strain have been granted as new evidence has been submitted that tends to prove or disprove the matters at issue.

The Board has denied service connection for all claimed disabilities, finding that there is no evidence of a current disability or a relationship to service-connected conditions.

The Veteran's claims for service connection have been remanded due to duty-to-assist errors. The VA is required to obtain medical records from Kaiser Permanente and provide the Veteran with a VA examination to determine if his respiratory disability, sleep apnea, or back disability are related to service.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea, including as due to herbicide exposure, should be remanded for further action.

The Board has decided that the Veteran's sleep apnea was not present during service or for many years thereafter and is not otherwise related to service. The Veteran's headaches are also remanded for further examination and opinion. The TDIU claim is also remanded.

The Veteran's claims for TDIU, increased ratings for various knee and back disabilities, service connection for shoulder, ankle, foot, and sleep apnea conditions, as well as reopening of his hypertension claim are all remanded. The Veteran is also granted TDIU.

The Board has determined that the Veteran's sleep apnea is at least as likely as not incurred during her active military service, granting her claim for service connection.

The Board has remanded the Veteran's claims for cervical strain and lumbosacral strain due to inadequate examination findings, including lack of information on flare-ups. Updated VA treatment records are needed, and a new VA examination is required.

The Board has remanded the Veteran's claim for TDIU prior to May 28, 2014 due to non-compliance with previous orders. The case is now referred to VA’s Director of Compensation Service for extraschedular consideration.