Sleep apnea decisions — 2020

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The Board granted the Veteran's TDIU claim for the period of March 17, 2014 to October 1, 2018 due to his service-connected disabilities.

The claim for service connection for low back condition is granted.,The claim for service connection for numbness in upper right leg is granted.,The claim for service connection for obstructive sleep apnea is remanded.

The Board has remanded several issues related to the Veteran's spinal and nerve conditions due to outstanding VA treatment records and conflicting evidence regarding the nature and severity of his right lower extremity neuropathies.

An increased initial rating to 30 percent for chronic sinusitis from April 27, 2016 is granted. The Veteran's claims for service connection for OSA and CLL are remanded due to the need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection due to inadequate findings and reasoning in the previous decision.

The Veteran's lumbosacral spine condition is rated at 40% effective June 30, 2020. His right and left lower extremities neurological disorders (sciatica) are each rated at 20%. The ratings reflect the severity of his symptoms and functional limitations.

The Board has remanded the claims of service connection for heart disorder, hypertension, and obstructive sleep apnea due to incomplete service personnel records. The AOJ is required to obtain all relevant documents from the Veteran's period of service in the Air Force Reserve.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and increased ratings for his right and left knee disabilities, finding that there was no evidence linking these conditions to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service, secondary to PTSD, or due to herbicide agent exposure. The Veteran will need a VA examination to address these issues.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it was incurred during active service and is not related to any other condition. The decision also grants service connection for sleep apnea as secondary to PTSD.

The Board has denied service connection for sleep apnea and remanded the rating for PTSD and TDIU issues. The Veteran's claim for sleep apnea is denied as there is no evidence that it began during active service or is related to any event, injury, or disease during service. For PTSD, a VA examination is needed to determine its current severity.

The Board denied the Veteran's claims for service connection for sleep apnea, finding that there was no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to PTSD.

The Board has decided to remand the case due to inadequate compliance with previous remand directives regarding the issue of entitlement to service connection for sleep apnea, to include as secondary to PTSD with depression. The Veteran's credible reports of snoring during active duty and thereafter need to be addressed in a new VA medical opinion.

The Veteran's appeals for service connection for dyspepsia and dysthymic disorder have been dismissed as the Veteran withdrew his appeals.,Service connection for sleep apnea was denied in an unappealed November 2012 rating decision, and new evidence received since then does not raise a reasonable probability of substantiating the claim. Service connection for an undiagnosed illness claimed to manifest as muscle aches, sleep disturbances, fatigue, moodiness, and sore joints has been reopened due to new evidence.

The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.

The Board has remanded the claim of service connection for sleep apnea as secondary to major depressive disorder due to insufficient medical opinion regarding the etiology and relationship between these conditions.

The Board has remanded the cases due to insufficient evidence regarding the relationship between the Veteran's sinusitis and service, as well as the secondary relationship of obstructive sleep apnea to sinusitis.

The Board has remanded the claims for right shoulder disability, erectile dysfunction, sleep apnea, and a skin disability (other than genital herpes) due to the need for further development. Specifically, a new VA examination is required for each of these issues.

The Veteran's PTSD was granted an initial rating of 70 percent from September 24, 2019. The appeal for a higher rating is denied. A TDIU is granted effective from February 18, 2011.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, which corresponds to a moderate limitation of motion. The appeal has been denied as the evidence does not support an increase in rating beyond this level.