Sleep apnea decisions — 2020

The Board has remanded several issues including service connection claims and evaluations for various conditions. Effective dates have been granted for PTSD, nephrolithiasis, tinnitus, lumbar degenerative disc disease, obstructive sleep apnea, unequal leg length, and hypertension.

The Board denied service connection for right shoulder, left shoulder, back, and right foot disorders. The Veteran's current diagnoses of these conditions were not established during or within one year after his separation from active duty.,Service treatment records did not document any complaints related to the claimed conditions.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea and thyroid disorder due to insufficient evidence. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has granted entitlement to TDIU effective April 1, 2013.

The Board has decided to remand the case due to inadequate examination and new evidence submitted by the Veteran. The claim will be reconsidered with a focus on whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, asthma, bronchitis, and TBI with headaches.

The Board has reopened the Veteran's claim for service connection for a respiratory disability, including multiple sub-diagnoses such as restrictive lung disease, reactive airway disease, chronic bronchitis, asthma, chronic rhinitis, sinusitis, and obstructive sleep apnea. The erectile dysfunction is found to be secondary to his service-connected diabetes, type II.

The Veteran's claims for service connection and increased ratings are being remanded due to lack of compliance with previous Board directives. The issues include sleep apnea, an acquired psychiatric disorder (to include anxiety), COPD, and left intercostal muscle strain.

The Veteran's lumbosacral strain has not resulted in forward flexion of the thoracolumbar spine of 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, unfavorable ankylosis of the entire thoracolumbar spine or of the entire spine. Therefore, his claim for a higher rating is denied.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for updated medical records, examinations, and development of his TDIU claim.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service-connected conditions, specifically rhinitis and PTSD with major depressive disorder.

The Board has granted service connection for sleep apnea and Type 2 diabetes mellitus (diabetes), finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and obstructive sleep apnea, finding that there is no evidence to support a link between these conditions and his military service.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran is seeking service connection for this condition, which may be related to his military service or aggravated by his service-connected disabilities.

The Veteran's OSA is found to be proximately due to his service-connected PTSD with alcohol dependence in full sustained remission, and the claim for secondary service connection is granted.

The Board has remanded several issues related to the Veteran's claims for service connection, including cervical spine disability, right and left hip disabilities, left wrist and elbow disabilities, psychiatric disability, sleep disability, and gastrointestinal disability. The effective dates for service connection are also being remanded.

The Board denied the Veteran's claim for a total disability rating on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him.

An increased disability rating of 20 percent for the service-connected lumbosacral strain (back disability) from April 30, 2007 to April 23, 2019 is granted.,A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is denied.

The Veteran's TDIU claim from August 1, 2014 is granted. The Board also dismissed the issues of increased ratings for lumbar strain post-operative fusion and radiculopathy of the right lower extremity associated with the lumbar spine disability.

The Board has remanded the case for further development regarding service connection for diabetes mellitus, type 2 (type 2 diabetes). Service connection for sleep apnea is denied.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation prior to April 10, 2019.