Sleep apnea decisions — 2020

The Veteran's service connection claims for left shoulder strain, right and left knee disorders, right and left hip disorders, sleep apnea, and insomnia are all granted. The Board found that the current diagnoses of these conditions are related to service.

The Veteran's claims for service connection for diabetes mellitus type II, increased rating for lumbar spine disability, and initial compensable rating for bilateral feet disabilities have all been denied. The Board found that there was no evidence of in-service incurrence or a nexus to service for the diabetes claim, and the current ratings were deemed appropriate for the lumbar spine and bilateral feet disabilities.

The Veteran's rosacea is rated at 10 percent, and the Board denied a higher rating as his condition did not meet the criteria for a higher rating under the revised skin disability evaluation criteria.

The Board has granted the Veteran's claim for secondary service connection for sleep apnea, finding that his back condition aggravates his diagnosed sleep apnea.

The Veteran's service-connected disabilities make him unable to secure and follow a substantially gainful occupation, leading to the grant of a TDIU.

The Board has determined that new evidence received after the January 2012 denial warrants readjudication of the claim for service connection for lumbar spine disability. The case is now remanded to determine if the Veteran's current lumbar spine disability is related to his military service.

The Board has determined that there was a pre-decisional duty to assist error due to the lack of an adequate medical opinion addressing the issue of nexus for the Veteran's current back condition. The case is being remanded for further development and consideration.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as he failed to cooperate with VA's efforts in obtaining information and evidence needed to substantiate his TDIU claim.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as evidenced by his employment history and the lack of cooperation in obtaining information for his TDIU claim.

The Board denied the Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected diabetes mellitus. The VA examiners concluded that there was no causal relationship between the Veteran’s sleep apnea and either his active duty service or his service-connected diabetes.

The Board has determined that the Veteran does not have a current diagnosis of venereal disease and therefore, service connection for this condition is denied. The issues of service connection for prostate cancer, loss of teeth, hemorrhoids, sleep apnea, and arthritis in the back and right hip are remanded due to outstanding development needs.

The Veteran's appeal to reopen his service connection claim for a lumbosacral strain is dismissed due to the death of the appellant.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lack of adequate medical opinions. The issues include frequent fevers, chills, and sweats; recurrent tonsillitis and pharyngitis; sleep apnea secondary to PTSD; hypogonadism secondary to left testicular varicocele; and a respiratory condition (including asthma, sinusitis, and rhinitis).

The Veteran's diabetes mellitus is currently rated at 20 percent, which does not meet the criteria for a higher rating. The peripheral neuropathy of his bilateral upper and lower extremities has been granted but does not warrant an increased rating as it is currently evaluated based on mild to moderate incomplete paralysis.

The Board has determined that the Veteran should be afforded a VA examination to determine the nature and etiology of his obstructive sleep apnea, as it was not adequately addressed in the previous remand. The examiner must consider the Veteran's lay statements and buddy statement regarding loud snoring.

The Veteran's bilateral hearing loss is rated at 10 percent, effective February 1, 2017.,The Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's sleep apnea is granted as it is caused by his service-connected PTSD.,The Veteran's erectile dysfunction is denied because it is not related to his service-connected PTSD.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.

The Board has granted service connection for lumbosacral strain and secondary service connection for diffuse idiopathic skeletal hyperostosis, degenerative disc disease (DDD), and degenerative arthritis of the lumbar spine. The conditions are found to be related to active duty.