Sleep apnea decisions — 2021

The Board has remanded the case due to insufficient examination opinions regarding the Veteran's newly diagnosed skin conditions and their relationship to his service.

The Board has granted service connection for PTSD, but denied the claims for Sleep Apnea, Glaucoma, Sinus Condition, Breathing Condition, Headaches, and Hypertension. The effective date for PTSD is May 30, 2014.

The Board has found that additional VA treatment records need to be reviewed and considered before a decision can be made on the Veteran's claim for an increased disability rating for lumbosacral sprain with mild diffuse degenerative disc changes. The case is being remanded so that this review can take place.

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

The Veteran's seizures are a symptom of his service-connected conversion disorder with mixed symptoms. Service connection for seizures as a separate ratable entity is denied.,Service connection for sleep apnea, cervical and lumbar spinal damage, to include as secondary to the service-connected TBI, is remanded.

The Veteran's claims for increased ratings of lumbosacral strain and degenerative arthritis of the spine, right knee patellofemoral syndrome, and left knee patellofemoral syndrome are being remanded due to incomplete records. Additional examinations may be necessary.

The Board dismissed the appeals for service connection of prostate cancer, obstructive sleep apnea, and eczema due to the Veteran's withdrawal before a decision was made.

The Veteran's PTSD is rated at 100% since July 21, 2017. Service connection for HPV and sleep apnea are granted. The remaining issues (neck disability, low back disability, seizures of the left/right side of the body, right ankle disability, migraine headaches, and tremors) remain pending.

The Veteran's claim for an evaluation greater than 20 percent prior to January 5, 2015, and 40 percent thereafter for service-connected lumbosacral strain has been denied. The Board has also remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for service connection for a skin disorder has been reopened, but the Board finds no evidence to support his current diagnosis and thus denies the claim.,The Veteran's claim for service connection for sleep apnea is denied as there is insufficient medical evidence linking his current condition to his military service.,The Veteran's claim for service connection for right shoulder disorder is denied due to a lack of diagnosed disability or credible medical opinion linking it to service.,The Veteran's claim for residuals of cerebrovascular disease (CVA) is denied as there is insufficient medical evidence linking the current condition to his military service.,The Veteran's claim for service connection for hypertension is remanded, indicating further investigation and evidence may be needed.

The Board has remanded the claims for service connection for sleep apnea and increased ratings for radial head fracture and osteoarthritis of the left elbow due to incomplete examinations and lack of range of motion findings.

The Board has remanded the Veteran's claims for service connection for a skin disorder, GERD, and OSA due to their relationship with his service-connected PTSD. The VA opinions must be revised to use the correct standard of aggravation (any increase in disability) rather than 'beyond the natural progression'.

The Veteran's extreme cough and sleep disorder are remanded for additional development, including obtaining medical opinions to address the nature and etiology of these conditions.

The Board has remanded the cases for further development due to incomplete VA treatment records and a need for additional medical examination.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis was not related to his active military service and did not find evidence of aggravation by his service-connected PTSD. The claim for secondary service connection based on PTSD causing or aggravating the sleep apnea was also denied.

The Board has remanded the claims for diabetes mellitus, sleep apnea, left foot peripheral neuropathy, and right foot peripheral neuropathy due to inadequate rationale in the VA examination opinions. The Veteran's service-connected disabilities may have contributed to his obesity, which could be a factor in causing or aggravating his diabetes mellitus and sleep apnea.

The Veteran's VR&E benefits were initially denied due to his service-connected disabilities not resulting in an employment handicap. However, since the initial decision, he has been granted additional service connection for several conditions and there is evidence suggesting he may have an employment handicap now. The Board finds a remand necessary to conduct a functional capacity evaluation (FCE) to determine if he currently suffers from an employment handicap.

The Board has remanded the Veteran's claims for service connection for a back disorder, shoulder disorder, and OSA due to inadequate examinations in February 2021. The Veteran contends that his current conditions are related to his military service, including repetitive trauma from carrying heavy loads and corpses.

The Veteran's lumbosacral spine disability has been rated at 40 percent since February 26, 2019. The Board denied a higher rating for the period prior to that date.

The Veteran's claims for service connection for sleep apnea and a neck disability have been granted. The claim for an increased rating for PTSD has been remanded.