Sleep apnea decisions — 2020

The Board has granted service connection for the Veteran's diagnosed obstructive sleep apnea, finding that it is related to his active service.

The Veteran's initial rating for obstructive sleep apnea is denied as his condition does not meet the criteria for a higher rating.,The Veteran's diabetes mellitus rating is also denied since he has not experienced episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization or visits to a diabetic care provider, and no complications are present that would be compensable if separately evaluated.,Service connection for GERD and Barrett's esophagus is remanded as the evidence does not clearly establish whether these conditions are proximately due to or aggravated by service-connected diabetes mellitus.,The Veteran's lower extremity diabetic peripheral neuropathy ratings remain unchanged, with his claims for increased ratings being remanded.,TDIU prior to March 14, 2016 is also remanded as the evidence does not clearly establish whether this condition has rendered the Veteran unemployable due to service-connected disabilities.

The Board has remanded the Veteran's claims for a compensable rating for hemorrhoids, a higher disability rating for lumbosacral strain, TDIU based on service-connected disabilities, and SMC based on loss of use of buttocks due to his back condition.

The Veteran's bilateral pes planus and sleep apnea have been rated, but the Board has remanded for further evaluation. The Veteran is granted TDIU based on his service-connected disabilities.

The Veteran's right knee disability was granted a 60% rating from March 16, 2010 to February 1, 2018. The claim for an increased rating after April 1, 2019 is denied. TDIU prior to February 2, 2018 and TDIU from April 1, 2019 are granted.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient evidence in some cases, including a need for updated VA treatment records, new examinations, and consideration of all symptomatology.

The Veteran's lumbosacral strain and intervertebral disc syndrome are currently rated at 60 percent from October 28, 2019. The Board found no evidence of unfavorable ankylosis or limitation of motion to warrant a higher rating.

The Board has remanded the Veteran's claims for increased ratings for chronic lumbosacral strain and a right hip condition, as well as her claim for TDIU. The RO must obtain medical records from JNH, provide an application for TDIU to the Veteran, and request addendums from the VA examiner who conducted the thoracolumbar spine and hip/thigh examinations.

The Veteran's appeals for increased ratings for service-connected bilateral hearing loss and left foot osteoarthritis, as well as his claims for service connection for asthma, chronic lung problems, COPD, Meniere's syndrome, and sleep apnea have been dismissed. The validity of the Veteran’s combined evaluation has also been dismissed.

The Board has decided to remand the case due to lack of substantial compliance with its September 2016 remand directives. The Veteran's claim for service connection for obstructive sleep apnea is being remanded for further development and opinion.

The Veteran's bipolar disorder is granted as secondary to service-connected disabilities.,A rating in excess of 30 percent for the right foot disability is denied.,An earlier effective date for a 30 percent rating for the right foot disability is denied.,Effective dates prior to February 13, 2018, for noncompensable ratings for bilateral hearing loss and tinnitus are denied.

The Board has remanded the claims for additional examinations and opinions to address whether the Veteran's current diagnoses are related to her military service.

The Veteran's obstructive sleep apnea, chest pain, and ganglion cyst of the left wrist are all found to be related to his service-connected PTSD. As a result, these conditions have been granted service connection.

The Board has again remanded the Veteran's claims for an evaluation in excess of 10 and 20 percent for his lumbar strain with degenerative changes due to inadequate compliance with prior remand directives.

The Board has remanded the case due to insufficient development regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected disabilities, particularly his PTSD and orthopedic conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD, but the increased rating claim for PTSD is remanded.

The Board has added new evidence to the record and is now remanding the case for readjudication, including consideration of whether new and material evidence has been received to reopen a previously denied claim of service connection for sleep apnea.

The Board has remanded the case due to inadequate opinions from VA examinations regarding the onset of sleep apnea during service. The Veteran's claim for service connection is now pending and will be reconsidered after further development.

The Board has remanded the claims for service connection for obstructive sleep apnea and total disability rating based on individual unemployability prior to September 30, 2010 due to inadequate expert medical opinion and inextricably intertwined with the other claim.

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