Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for increased ratings and SMC based on need for aid and attendance due to incomplete information in the VA examination reports, including lack of specific severity assessments for radiculopathy. The Veteran is also required to provide a completed VA Form 21-2680.

The Board has remanded the claims due to the need for additional development, including obtaining updated treatment records and scheduling VA examinations.

The Board has remanded the Veteran's claims for increased rating and TDIU due to issues with the VA examinations, including failure to comply with 38 C.F.R. § 4.59 and Correia v. McDonald.

The Veteran is granted an annual clothing allowance for the 2014 calendar year due to her use of a back support for her service-connected lumbosacral strain.

The Board denied the Veteran's claims for annual clothing allowances due to insufficient evidence showing that his knee braces, back brace, or custom shoe insoles caused damage to his clothing.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and granted service connection for this condition.

The Board has dismissed the appeals for service connection of heart disability, diabetes mellitus, and hypertension. The claim for service connection of sleep apnea is remanded. The rating for non-displaced fracture of the right eye (Coat's disease) is also remanded.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking it to his military service or a service-connected disability.

The Board found that the Veteran's service-connected chronic vasomotor rhinitis did not cause or aggravate his diagnosed obstructive sleep apnea, and thus denied his claim for service connection.

The Board has determined that additional VA examinations are needed to address both causation and aggravation of the Veteran's current sleep apnea and service-connected PTSD, as well as his right knee disability and service-connected left knee disability.

The Veteran's appeal for higher SMC rates based on loss of use of her lower extremities is remanded due to conflicting evidence regarding her ability to use her feet and lower extremities. The AOJ should obtain updated VA treatment records and schedule a VA examination to assess the extent of her service-connected back disability with associated radiculopathy.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to outstanding Social Security Administration records and an examination regarding the combined effects of service-connected disabilities on employment.

The Veteran's diabetes mellitus is rated at 20 percent, and he is granted special monthly compensation based on the need for aid and attendance of another. The issues regarding service connection for Parkinson’s disease and sleep apnea secondary to PTSD have not yet been adjudicated.

The Board has decided to remand the Veteran's claims for additional examinations and opinions regarding his service-connected right hip arthritis, left hip fracture with minimal functional loss, left knee arthralgia, and lumbosacral spine degenerative disc disease.

The Board has determined that the Veteran's claims for increased ratings for his service-connected multilevel lumbosacral degenerative spine disease and right lower extremity radiculopathy must be remanded due to the need for additional examinations to assess the severity of these conditions.

The Veteran's lumbar fusion surgery following his service-connected lumbosacral strain was granted temporary total disability compensation. However, the claim for an increased rating for lumbosacral strain remains denied.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has remanded the remaining issues due to the need to obtain Social Security Administration (SSA) records.

The Board has decided to remand the case due to insufficient medical opinions regarding whether sleep apnea is caused or aggravated by service-connected conditions, specifically hyperthyroidism and PTSD.

The Veteran's TDIU claim is remanded due to the need for a new VA examination to assess his service-connected lumbar spine disability and its impact on employment.

The Veteran's claims for service connection for PTSD, depression, and headaches have been reopened. Service connection has been granted for PTSD and depression. The claim for increased rating for urinary incontinence is denied as there is no evidence of renal dysfunction. The claim for increased rating for lumbosacral strain with IVDS remains pending.