Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examination reports and incomplete information.

The Veteran's appeals for service connection on the issues of appendix removal, gall bladder removal, vision disorder, body sweats, hearing loss, Meniere’s disease, tinnitus, colon cancer (also claimed as partial colon/intestinal removal), testicular cancer and removal, Barrett's esophagus, right foot peripheral neuropathy, left foot peripheral neuropathy, right hand peripheral neuropathy, left hand peripheral neuropathy, chronic fatigue syndrome, right knee disability, left knee disability, hepatitis C, malaise, neck surgery broken vertebra, sleep apnea, irritable bowel syndrome, subcutaneous cell carcinoma, and an acquired psychiatric disorder have been withdrawn. The remaining issues of service connection for hearing loss, Meniere’s disease, and tinnitus are REMANDED.

The Board denied service connection for fibromyalgia, OSA, and an acquired psychiatric disorder (PTSD) due to lack of evidence linking these conditions to the Veteran's military service. The Board found that the Veteran did not have a current diagnosis of PTSD related to his military service.

The Veteran's service-connected disabilities did not produce unemployability prior to February 26, 2015. His combined rating was at least 80% from January 9, 2015, and he failed to provide necessary information for a finding of TDIU.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied, and the Board also denied entitlement to TDIU prior to August 29, 2006.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's Obstructive Sleep Apnea (OSA) manifested during service, and therefore grants service connection for OSA.

The Veteran's appeal for higher initial ratings on several conditions was dismissed. The right arm furuncle received a 10% rating, and the obstructive sleep apnea remains at 50%. The Veteran’s TDIU claim is remanded.

The Veteran's claims for increased ratings were denied as his lumbar spine disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is proximately due or aggravated by his service-connected hepatitis C with hepatosplenomegaly and cirrhosis. The examiner was asked to provide a clear rationale for both causation and aggravation, but failed to do so.

The Board has remanded the claims for service connection due to new evidence indicating potential exposure to herbicide agents during service, which may be related to the Veteran's disabilities. The RO must now determine if diabetes mellitus is related to service and adjudicate the secondary service connection claims in light of this determination.

The Veteran's claim for service connection for an acquired psychiatric disorder was denied in September 2013 due to lack of corroborated stressors. The RO reopened the claim in February 2015 and again denied it, finding no new and material evidence. The Veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine is remanded for further development.

The Veteran's initial claim for a higher rating for his lumbosacral spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to December 29, 2020 and 40 percent thereafter from December 29, 2020.

The Board denied the Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea, finding that the claim was not reasonably raised prior to January 7, 2013.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep disorder is related to service. The Veteran will be provided with a new VA examination.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and hypoventilation/hypoxia, including whether these conditions are related to service or any service-connected disabilities.

The Board has remanded several issues related to the Veteran's service connection claims, including for an acquired psychiatric disorder, PTSD, sleep apnea, bilateral hearing loss, right knee disability, and TDIU prior to December 11, 2017. The remand includes requesting additional medical records, scheduling examinations, and determining the severity of the Veteran's disabilities.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and hypertension, finding that there is no legal basis to award secondary service connection due to lack of a service-connected disability. The preponderance of evidence does not support a direct relationship between the Veteran's conditions and his military service.

The Veteran's bilateral hearing loss claim is remanded, as are his claims for increased ratings and TDIU. The VA will obtain treatment records, schedule examinations, and provide an addendum opinion regarding the etiology of the Veteran's bilateral hearing loss.

The Board denied the Veteran's claim for service connection for bilateral shin splints, finding that there was no evidence of a nexus between his current condition and his military service. The TDIU claim was also denied as the Veteran had not been found to be unemployable due to his service-connected disabilities prior to March 2019.

The Board has granted service connection for a scar on the left elbow. The remaining issues of service connection are remanded due to lack of evidence regarding in-service exposure and other procedural matters.