Sleep apnea decisions — 2020

The Board found that the Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability.

The Board has remanded the claims of service connection for a back disability, obstructive sleep apnea, and a compensable rating for bilateral hearing loss due to additional evidence that needs to be considered.

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

The Veteran's sleep apnea is granted as secondary to service-connected depressive disorder and right knee disability. The Veteran's left shoulder surgical scar is granted a 10% evaluation from January 12, 2018 onward.

The Board has decided to remand the claims for service connection due to insufficient evidence and need for further examination.

The Veteran's obstructive sleep apnea was first diagnosed during active duty in 2015, and the Board has granted service connection for this condition based on direct evidence of its onset during his military service.

The Board has determined that the Veteran's sleep apnea is caused by her service-connected PTSD, and thus grants service connection for this condition.

The Veteran's kidney stones are rated at the maximum allowable under VA guidelines, and thus an evaluation in excess of 30 percent is denied. The Veteran meets the criteria for TDIU on an extraschedular basis from February 29, 2012.

The Veteran's representative contends that his obstructive sleep apnea is related to his time in service. However, the VA has not conducted a VA examination or received a medical opinion concerning the etiology of his reported sleep apnea. The case is remanded for further investigation.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as it is related to the Veteran's active duty service, with the condition beginning during and continuing since service.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a disease or injury during service and no current disability. The Board also found that the post-service diagnosis of sleep apnea did not stem from military service.

The Board has remanded the Veteran's claims for hypertension, major depressive disorder, obstructive sleep apnea, and degenerative disc disease of the lumbar spine due to outstanding service personnel records and treatment records. A VA examination is needed to assess the nature and etiology of these conditions.

The Veteran's service-connected disabilities, including obstructive sleep apnea, psychiatric disability, headache disability, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted a total disability rating based upon individual unemployability (TDIU).

The Veteran's lumbosacral spine disorder, right-knee disorder, and left-knee disorder have been evaluated at a maximum of 40 percent since December 12, 2018. The claims for increased evaluations prior to that date are denied.

The Board dismissed the Veteran's claim for service connection for hypertension. The claims for service connection for OSA and ED, both secondary to his service-connected acquired psychiatric disorder, were denied.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea and has remanded his claim for an initial compensable disability rating for left foot disability.

The Veteran's claims for compensable ratings for right and left knee disabilities, as well as his claim for service connection for obstructive sleep apnea (OSA), are being remanded due to the Veteran withdrawing his appeals.

The Board has remanded two issues: service connection for sleep apnea and an initial compensable evaluation for spondylolisthesis of the lumbar spine. The Veteran's claim for service connection for sleep apnea is remanded due to insufficient evidence, while the issue of a compensable rating for his low back disability requires additional examination.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted by his attorney and additional VA treatment records. The claims are being reviewed to determine if there is a link between the Veteran's current conditions and active service, or other relevant factors.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have rendered him unable to secure or maintain gainful employment for the period from November 20, 2014 to September 24, 2015. The Board has granted TDIU based on this evidence.