Sleep apnea Board decisions

The Board has granted the Veteran's petition to reopen his claim of service connection for erectile dysfunction and restored a 20% disability evaluation for lumbosacral strain with degenerative arthritis. The appeal regarding chronic kidney disease aggravated by hypertension, left lower extremity sensory deficit, right lower extremity sensory deficit, and TDIU prior to February 22, 2016 is still pending.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected back disability and his claimed leg disabilities. The case is returned for further development.

The Board has determined that additional medical examinations are needed to determine the nature and etiology of the Veteran's bilateral foot, ankle, knee, wrist, leg venous insufficiency, and sleep apnea disorders. The issues have been remanded for these purposes.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition had its onset during his active duty and is related to his military service.

The Board has granted the Veteran's claim to reopen his service connection for obstructive sleep apnea, finding that new and material evidence supports this claim. The Board also found in favor of the Veteran on his secondary service connection claim for obstructive sleep apnea, attributing it to his service-connected disabilities including depression, knee conditions, and low back strain. However, the Board denied the Veteran's claim for service connection for prostate cancer, finding that there is no evidence linking this condition to his military service.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the incomplete nature of the VA examiner's opinion. The Board requires a supplemental examination and an additional medical opinion to determine if the condition was incurred in or caused by his active service.

The Board has granted service connection for a spine disorder, including spinal stenosis, lumbosacral strain, and herniated lumbar disc. Service connection was denied for bilateral sensorineural hearing loss and the issue of service connection for restless leg syndrome (secondary to spine disorder) is remanded.

The Board has decided to remand the case due to inadequate medical opinions and additional development is needed.

The Board has determined that the VA examination did not address whether the Veteran's neck disorder and sleep apnea are secondary to service-connected disabilities, such as unspecified depressive disorder, residuals of left shoulder injury, bilateral knee chondromalacia patellae, tinnitus, and hearing loss. Therefore, further development is needed.

The Board has remanded several issues related to the Veteran's claims for service connection, including respiratory and sleep disorders, left shoulder disorder, neck spasms and radiculopathy, right knee disorder, left knee disorder, and heat edema of the right lower extremity. The remand includes obtaining VA treatment records, scheduling a DRO hearing, and requesting expert opinions on the nature and etiology of these conditions.

The Veteran's appeal for a total disability rating based on individual unemployability is dismissed. The issues of increased ratings for erythema nodosa of the legs and an earlier effective date for Dependents' Educational Assistance (DEA) are remanded.

The Board has determined that the grant of service connection for OSA was not clearly and unmistakably erroneous, thus restoring it.

The Board has decided that the Veteran's claim for service connection for liposarcoma, including as due to in-service ionizing radiation exposure, should be remanded for further development and an opinion from a health care provider.

The Board has decided that another medical opinion is needed regarding the etiology of the Veteran's sleep apnea, specifically addressing whether it was present during service and related to a service-related upper airway abnormality.

The Board has decided that the Veteran's obstructive sleep apnea may be related to service, based on his reported symptoms and a credible lay statement from a fellow servicemember. However, the VA examiner’s opinion is inadequate as it did not address whether the condition was related to an in-service injury or sustained during service.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted due to the severity of his symptoms.

The Veteran's back disability, including lumbosacral strain and degenerative arthritis of the lumbar spine, had its onset in service. The claim is granted as the evidence supports a nexus between active service and the currently diagnosed conditions.

The Veteran's service-connected disabilities did not render her unable to work prior to April 13, 2016. The Board denied entitlement to individual unemployability based on extraschedular consideration.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.

The Board has remanded the case due to incomplete development and need for clarification on the nature of the Veteran's psychiatric disorder. The claims for service connection are also pending.