Sleep apnea Board decisions

The Veteran's appeal is remanded for further development on multiple issues, including service connection for a left elbow disability and rating increases for his spine disabilities.

The Board has remanded several issues related to service connection, including for COPD and obstructive sleep apnea. The Veteran's claims are being reopened due to the submission of new evidence.

The Veteran's lumbosacral spine disability is rated at 20 percent effective October 11, 2001. Effective February 27, 2003, separate ratings of noncompensable and 10 percent are assigned for intermittent bowel incontinence and intermittent bladder incontinence due to low back pain, respectively. Effective November 1, 2014, a 40 percent rating is granted for radiculopathy of the bilateral lower extremities.

The Board has determined that the Veteran does not have erectile dysfunction or any other service-connected conditions. The reduction in disability ratings for degenerative arthritis of the lumbar spine and cubital/carpal tunnel syndromes, ulnar and median nerves, right wrist is found to be improper due to inadequate VA examination reports.

The Veteran's asthma, obstructive sleep apnea, and posttraumatic headaches have been granted service connection. The Veteran is also granted an initial rating of 10 percent for his posttraumatic headaches. However, the Veteran's right and left knee disabilities are not rated higher than 10 percent.

The Board denied service connection for obstructive sleep apnea, hypertension, type II diabetes mellitus (diabetes), and folliculitis as the evidence did not support a causal relationship between these conditions and service or any service-connected disability.

The Board denied service connection for a low back disorder, finding that the Veteran's current conditions were not incurred in or caused by his period of active service.

The Board has dismissed the Veteran's appeals for service connection for rhinitis and sinusitis, as well as his application to reopen claims for sleep apnea and VA compensation for a dental disability. The Board also granted the reopening of these claims and awarded service connection for a dental disability. Service connection was denied for irritable bowel syndrome, neck disability, and sleep apnea. A compensable rating for hemorrhoids was denied, but TDIU was granted.

The Board has decided that the Veteran's OSA should be remanded for further examination and opinion to determine its onset, relationship to service, and whether it is related to his service-connected disabilities.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to its inextricability with his pending claims for service connection of an acquired psychiatric disability and diabetes mellitus. A new VA examination is required to determine if OSA was caused or aggravated by these conditions.

The Board has remanded the claims for service connection for a psychiatric disorder, an initial rating for lumbosacral strain, spondylolisthesis, levoscoliosis, anterior wedging T10-12, and total disability rating based on individual unemployability due to outstanding development needed.

The Board has remanded several issues for further development, including service connection claims and rating determinations. The appellant's type 2 diabetes mellitus is now service connected due to presumed exposure to herbicide agents in Vietnam.

The Board has remanded the cases of sleep apnea and colorectal cancer for further development as per the Joint Motion for Partial Remand (JMPR). The Veteran must be afforded new VA examinations to address the issues of service connection, with opinions on etiology and aggravation.

The Board has remanded the claims for bilateral hearing loss, lumbosacral spine disability, and radiculopathy of the right lower extremity due to deficiencies in prior examinations and lack of substantial compliance with previous remand instructions.

The Veteran's irritable bowel syndrome, presumed due to his Persian Gulf War service, is granted.,The Veteran's status post bilateral orchiopexy for testicular torsion is granted an increased rating to 20 percent disabling.,Service connection for erectile dysfunction is granted as secondary to the Veteran's service-connected status post bilateral orchiopexy for testicular torsion.,Special monthly compensation (SMC) for erectile dysfunction, based on loss of use of a creative organ, is granted.

The Veteran's claim for service connection of a lower back condition was denied. The appeal seeking to reopen the claim for tinnitus was granted, and he is now entitled to a disability rating of 50 percent for headaches.,Service connection for sleep apnea, blood condition, dental condition, and abdominal scar were all denied.

The Board has ordered a new examination for the Veteran's obstructive sleep apnea, which is related to his service-connected acquired psychiatric disability. The case is being remanded due to the Veteran failing to report for the scheduled examination.

The Veteran's claim for service connection for diabetes mellitus, Type II was reopened but denied due to lack of new and material evidence.,Service connection for left lower extremity neuropathy, left upper extremity neuropathy, right lower extremity neuropathy, and right upper extremity neuropathy were all denied as the Veteran did not have a current diagnosis related to active service.,The Veteran's sleep apnea was denied because there is no evidence of its onset during or shortly after service.,Service connection for hypertension was denied due to lack of in-service diagnosis and no increase in disability during service.,Service connection for pressure in eyes was denied as the condition did not exist at the time of entrance into service.

The Board has decided to remand the claims for service connection for hypertension, otitis externa, headaches, sinusitis, and sleep apnea due to lack of medical nexus opinions. The Veteran's disabilities are believed to be related to his exposure to industrial solvents and other chemicals during active service.

The Board has remanded the case due to new evidence suggesting that the Veteran's obstructive sleep apnea may be secondary to his newly granted service-connected depressive disorder. An addendum opinion is needed from the May 2019 VA examiner regarding this theory of entitlement.