Sleep apnea decisions — 2021

The Board has remanded the cases due to incomplete opinions and further development is required.

The Veteran withdrew his appeals regarding sleep apnea, an acquired psychiatric disorder (including depression and PTSD with alcohol dependence), and bilateral hearing loss before the Board could make a decision.

The Board has remanded the claims for service connection for tinnitus, irregular walk, and a lipoma or liposarcoma of the right shoulder due to insufficient information regarding their etiology.

The Veteran's bilateral hearing loss was rated as non-compensable, with a maximum rating of Level I under the VA Rating Schedule.,Service connection for obstructive sleep apnea was denied due to lack of evidence linking the condition to service.

The Veteran's service-connected lumbosacral strain and cervical strain have been granted increased ratings of 40 percent effective February 6, 2020. The rating for the lumbosacral strain is based on symptoms comparable to forward flexion of the thoracolumbar spine at or below 30 degrees, while the rating for the cervical strain is based on symptoms comparable to forward flexion of the cervical spine at or below 15 degrees.

The Board has denied the Veteran's claim of service connection for obstructive sleep apnea, finding that it is not caused or aggravated by his PTSD. The evidence does not support a link between PTSD and sleep apnea.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea and hypertension due to insufficient medical evidence. The Veteran will need a VA examination to determine if his conditions are related to military service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, and chondromalacia of left knee (status post meniscus tear). The remand is due to the Board's reliance on May 2018 VA examinations that did not comply with Correia v. McDonald and Sharp v. Shulkin.

The Board denied service connection for sleep apnea and chronic fatigue syndrome, finding that there is no evidence of these conditions during or immediately after service, and the Veteran did not provide sufficient medical evidence to establish a link between his current conditions and service.

The Veteran's service-connected lumbar fibromyositis with IVDS is granted a 60 percent rating effective November 13, 2015. The remaining claims of entitlement to service connection for bilateral hearing loss, tinnitus, benign paroxysmal positional vertigo, and cervical spine disability are remanded.

The Board has granted service connection for coronary artery disease and obstructive sleep apnea as secondary to the Veteran's service-connected unspecified anxiety disorder.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran had symptoms of this condition during his active duty and since separation. The decision is based on direct evidence of a current disability and its onset in service.

The Veteran's appeals for service connection for hypertension and obstructive sleep apnea have been dismissed as he has withdrawn his appeal.

The Veteran's service connection claim for obstructive sleep apnea is granted. The rating claim for right shoulder degenerative joint disease and the TDIU claim are both remanded.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to service-connected posttraumatic stress disorder (PTSD).,Service connection for a skin condition, to include as secondary to service-connected hypertension and service-connected PTSD, is denied.

The Veteran's appeals for increased ratings have been dismissed due to their death.

The Veteran's claims for service connection for right and left knee disabilities, as well as obstructive sleep apnea, have been granted. The appeal is denied for a rating in excess of 50 percent for PTSD.

The Board has remanded the case for a new VA examination to determine the nature and etiology of the Veteran's sleep disorder, including whether it is related to PTSD or aggravated by alcohol use.

The Board has decided that the service connection for sleep apnea needs further development and a remand is ordered.