Sleep apnea decisions — 2021

The Board denied service connection for sleep apnea, headaches, cervical spine disability, lumbar spine disability, right upper extremity disability, right lower extremity disability, left lower extremity disability, right hip disability, left hip disability, and right knee disability. The Board found that these conditions did not have their onset in service or are not related to any service-connected disabilities.,The Veteran's post-operative scar resulting from removal of a sebaceous cyst resulted in several small surgical scars which were not deep, did not involve tissue loss, and were less than 39 sq. cm. in size.

The Board denied the veteran's claim for service connection for lumbosacral-spine disorder, finding that there was no evidence of a nexus between the current condition and active duty or inactive duty training. The examiner concluded that the back disorder is less likely than not related to service.

The Veteran's appeals have been remanded for further evaluation of various service-connected conditions, including sleep apnea, mood disorder, and thoracolumbar degenerative disc disease. The effective date for the grant of service connection for diabetes mellitus type II is denied.

The Veteran's petition to reopen his claim for service connection of sleep apnea is granted. His major depressive disorder with anxious distress is also granted as a separate condition. The issue of service connection for sleep apnea remains pending and will be remanded.

The Board has remanded the claim of service connection for OSA, including as secondary to a service-connected disability, due to conflicting medical opinions and new evidence provided by the Veteran.

The Veteran's back and lower extremity radiculopathy disabilities are being remanded for further examination to determine their current severity.

The Board has remanded the Veteran's claim for a sleep disorder secondary to his service-connected occipital headaches due to insufficient rationale in the VA examination reports.

The Board has granted service connection for carpal tunnel syndrome of the right hand and sleep apnea, finding that both conditions had their onset during active military service.

The Veteran's neurodermatitis has not been rated higher than noncompensable due to the lack of systemic therapy or characteristic lesions involving more than 20 percent of total body area or exposed areas.,The Board is remanding the claims for service connection for dizziness and balance problems, headaches, and OSA as secondary to PTSD.

The Veteran's lumbar spine disorder and radiculopathy were granted increased ratings effective October 15, 2020. The disability was rated at 40 percent for the lumbar spine disorder.

The Board denied service connection for various conditions, including myasthenia gravis, heart condition, peripheral neuropathy, knee conditions, sleep apnea, lymphedema, skin cancer, blisters, and rashes. The evidence did not establish herbicide exposure or show the conditions had their onset in service.

The Veteran's sleep apnea was found to have begun during his military service and is granted as a result.

The Board has remanded the Veteran's claims for additional development due to missing records and need for further medical opinions.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and remanded to obtain updated VA treatment records, associate a January 2011 sleep study with the claims file, and schedule the Veteran for a VA examination.

The Veteran's PTSD was granted a 70% rating, and his right upper extremity cervical radiculopathy prior to December 6, 2018 was also granted a 40% rating. The Veteran's right upper extremity cervical radiculopathy since December 6, 2018 is denied any increase in rating beyond the current 40%. A TDIU was granted effective June 20, 2020.

The Veteran's claims for sleep apnea, chronic fatigue syndrome, acid reflux disease, and migraine headaches are being remanded due to the need for additional development of evidence.

The Board denied service connection for sleep apnea, coronary artery disease (CAD), thyroid condition, diabetes mellitus, and ventricular arrhythmias all related to exposure to contaminated water at Camp Lejeune.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation for the entire period on appeal, and TDIU is granted.

The Veteran's claim for higher ratings for his chronic lumbosacral strain disability and PTSD with MDD and persistent depressive disorder is being remanded due to the need for additional development.

The Board has granted service connection for obstructive sleep apnea and gastroesophageal disease (GERD), finding that the Veteran's symptoms began during active duty. Service connection was denied for hypothyroidism due to lack of evidence linking it to active duty.