Sleep apnea decisions — 2021

The Board has decided to remand the Veteran's claims due to insufficient evidence regarding her loss of use of bilateral lower extremities and whether it is related to service-connected conditions. Additional development, including medical opinions, will be required.

The Board has decided to remand the case due to insufficient opinions regarding the Veteran's obstructive sleep apnea and its relationship to his service-connected disabilities, including bladder cancer, liver cancer, prostate cancer, type II diabetes mellitus, and peripheral neuropathy.

The Veteran's sleep apnea was not shown during active service and is not related to his military service.,The Veteran's cerebral vascular accident disease with left side weakness is not a result of his military service nor secondary to his service connected unspecified depressive disorder.,The Veteran does not have a current diagnosis of dysarthria, but if he did have it previously, it was more likely related to his non-service-connected stroke or dental/oral condition.

The Board has remanded the claims for service connection for Obstructive Sleep Apnea and a prostate disorder due to inadequate medical opinions in previous VA examinations.

The Veteran's appeal for service connection for obstructive sleep apnea has been denied.,The Veteran's appeals for service connection for left and right foot disabilities have been remanded due to the need for additional development.

The Veteran's appeal for an initial rating higher than 70 percent for his service-connected acquired psychiatric disorder is denied. The Board also finds that further remand is necessary to obtain a proper opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a link between her current condition and active service. The Board also found insufficient evidence to establish a secondary service connection due to obesity resulting from bilateral plantar fasciitis.

The Veteran's claim for a higher rating for migraine headaches has been withdrawn. The claims for diabetes mellitus, peripheral neuropathy of bilateral upper and lower extremities, sleep apnea, breast cancer residuals, cholecystectomy residuals, right knee disability, left knee disability, left foot injury, acquired psychiatric disorder (PTSD and depression), traumatic brain injury with residuals, memory loss, chronic fatigue syndrome, and tinnitus have been dismissed. The claim for service connection for temporomandibular joint disorder is remanded.

The Board has remanded the case due to insufficient medical opinions regarding the cause of the Veteran's sleep apnea, specifically whether it is at least as likely as not caused by or aggravated by asbestos exposure during service.

The Veteran's lumbosacral strain with degenerative changes is now rated at 30 percent effective February 22, 2016.

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 or any service-connected disabilities.

The Board has remanded the case due to the need for additional development, including a new VA examination.

The Veteran's lumbosacral strain with degenerative disc disease of the lumbar spine was granted a 40 percent rating, but no higher, from August 1, 2005 through December 2, 2008. The TDIU claim for this period was denied.

The Board has determined that the Veteran's claims for service connection for prostate cancer, diabetes, erectile dysfunction, tinnitus, sleep apnea, and bilateral lower extremity neuropathy are denied. The appeal is remanded for further examination to determine the nature and etiology of current GERD, hypertension, and cataracts.

The Veteran's claims for TDIU and SMC were previously remanded by the Board, but have been returned to the Board due to a Court Joint Motion for Remand (JMR).,For the period prior to July 21, 2009, the Veteran was not found unemployable based on his service-connected disabilities.

The Board has determined that there was not substantial compliance with its prior remand directives and has therefore ordered the case to be returned for further development, specifically requesting an addendum opinion from a clinician regarding whether the Veteran's obstructive sleep apnea is related to his service-connected conditions or if it is aggravated by them.

The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.

The appeal pertaining to the issues of service connection for a chronic psychiatric disorder, bilateral knee condition, arthritis and tendonitis, an earlier effective date for herpes simplex, type II, and whether there was CUE in a March 2004 rating decision that denied service connection for limited use of the arms has been dismissed as moot.,The appeal pertaining to service connection for obstructive sleep apnea is granted.

The Veteran's claim for service connection for residuals of a collapsed lung, respiratory disorders including COPD and asthma, and sleep apnea is granted. The claims for respiratory disorder and sleep apnea are remanded due to inadequate medical opinions.

The Veteran's claims for service connection for OSA and CAD are being remanded due to the submission of new evidence. The claim for hypertension is granted.