Sleep apnea decisions — 2021

The Board has remanded the claims for service connection for sleep apnea, a right knee disorder, and seizures due to conflicting evidence and insufficient opinions in the VA examinations.

The Board has decided that the claims for service connection for bronchitis and sleep apnea (secondary to bronchitis) need further development due to inadequate medical opinions.

The Veteran's claims for increased ratings for depressive disorder and lumbosacral strain are being remanded due to the need for additional development, including VA examinations.

The Veteran's cervical strain, left ear hearing loss, lumbosacral strain, bilateral knee condition (left and right), and bilateral shoulder condition have all been granted service connection with a 10% rating for the cervical strain.

The Veteran's lumbosacral strain with DJD, L5-S1, was granted a 40 percent disability rating prior to August 6, 2015. The evidence is in relative equipoise as to whether the condition met the criteria for a higher rating.

The Veteran's service-connected disabilities, including coronary artery disease, diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and sleep apnea, are granted. A 60 percent evaluation is assigned for his thoracolumbar back disability.

The Veteran's claim for service connection for sleep apnea, diabetes mellitus (due to herbicide exposure), and acquired psychiatric disorder was granted. The claim for gout was denied as new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the case due to new evidence being added to the record and for further development of the claim.

The Board granted the Veteran's claims for service connection for OSA and HTN, as well as a rating of 40 percent for cervical spine radiculopathy. The issues related to ED were withdrawn by the Veteran. Effective dates prior to May 8, 2014, for the grant of service connection with an evaluation of 10 percent for right upper extremity (RUE) and RLE radiculopathy were denied.

The Veteran's obstructive sleep apnea was diagnosed within six months of separation from active service and is considered to have begun during service. The Board found the evidence in equipoise as to whether the current condition arose in service, thus granting service connection.

The Board has remanded the case due to insufficient consideration of the Veteran's skin conditions and herbicide exposure. The VA examiner will need to determine if any current skin condition is related to service, including herbicide exposure.

The Board has determined that the Veteran's current acquired psychiatric disorder, headaches, OSA, and infectious hepatitis are not related to his active duty service. The claims for these conditions have been remanded for further examination and opinion.

The Board has determined that the Veteran's claimed disabilities, including heart disability, bilateral cataracts, hypothyroidism, hypertension, sleep apnea, and PVD of the lower extremities, are not related to his military service or exposure to non-ionizing radiation. The evidence does not support a finding that these conditions began during his service.

The Veteran's claim for service connection for lumbosacral strain was denied in November 2011, but he did not appeal. The claim was reopened and granted effective July 18, 2017.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his military service and does not meet the criteria for direct service connection.

The Board has determined that the Veteran's current sleep apnea is not related to his service, and therefore denied his claim for service connection.

The Board has decided that the Veteran's claims for service connection for vertigo and sleep apnea should be remanded due to inadequate development of evidence, including missing CAPRI records and a need for additional medical opinions.

The Board has remanded the case due to new evidence being added since the last Supplemental Statement of the Case (SSOC). The Veteran and her representative will be provided an additional SSOC, after which the appeal will be returned for further consideration.

The Veteran's sleep apnea is granted as secondary to his service-connected chronic sinusitis. The Veteran's chronic sinusitis prior to November 12, 2019 warrants a non-compensable evaluation, while after that date it warrants a 30 percent evaluation.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 16, 2009.