Sleep apnea decisions — 2020

The Veteran's cervical spondylosis is currently rated at 20 percent, and the Board has remanded this issue for further development. The TDIU claim prior to September 11, 2013, is also being remanded.

The Veteran's service-connected disabilities, including coronary artery disease with implanted cardiac pacemaker, unspecified depressive disorder, diabetes mellitus, obstructive sleep apnea, peripheral neuropathy of the upper and lower extremities, and tinnitus, render him unable to secure or follow substantially gainful employment. His TDIU claim is granted.

The Board has denied the Veteran's claims for service connection for tinnitus, bilateral plantar fasciitis, and sleep apnea. The case is remanded to obtain additional medical opinions regarding these issues.

The Board has remanded the cases for further development due to inadequate opinions in previous VA examinations. The Veteran's obstructive sleep apnea and right ankle disorder are being reviewed again to determine their relationship to service, with a focus on her service-connected PTSD.

The Board denied service connection for a respiratory disability, finding that the evidence did not support a link between the disabilities and military service or service-connected coronary artery disease.

The Board has decided to remand the cases of sleep apnea and hypertension due to insufficient medical opinions regarding their etiology. The Veteran's service-connected deviated septum is alleged to have aggravated his sleep apnea, but this needs further examination. Similarly, the relationship between hypertension and both sleep apnea and the Veteran’s service need clarification.

The Board has decided that the Veteran's sleep apnea is related to his service-connected diabetes mellitus, type II and/or hypertension. However, due to inadequate reasoning in a previous VA opinion, another remand is required for further development.

The Veteran's obstructive sleep apnea was found to have its onset during service, and the Board granted service connection for this condition.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected meningioma. The issue of an initial disability rating greater than 10 percent for left lumbar radiculopathy and multilevel lumbar spondylosis with herniated disc at L4-L5 is remanded.

The Board has granted service connection for Persistent Depressive Disorder and denied the claims for PTSD, sleep impairment, lower back disability, right leg disability, and left ear hearing loss.

The Board has remanded the claims for service connection for bilateral hearing loss, obstructive sleep apnea (OSA), DDD of the lumbar spine with occasional numbness of the lower extremities, and chondromalacia patellae of the right knee due to insufficient evidence in the record.

The Board has determined that the Veteran's current sleep apnea disability is either caused or aggravated by his service-connected PTSD, and thus grants service connection for this condition as secondary to PTSD.

The Board denied the claims for increased ratings on an extraschedular basis, finding that a grant of total disability based on individual unemployability (TDIU) rendered further consideration moot.

The Veteran's service-connected disabilities do not render him bedridden, confined to his immediate premises, or unable to care for his daily needs without requiring the regular aid and attendance of another person. Therefore, he is not eligible for special monthly compensation (SMC) based on the need for aid and attendance or housebound status.

The Board has decided to remand the cases for further development and consideration, including obtaining updated VA treatment records and scheduling a VA examination.

The Veteran's lumbar spine disability was rated at 20 percent disabling since February 1, 2014. The Board denied a higher rating as the evidence did not show forward flexion of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board has decided to remand the case due to insufficient diagnostic studies and a need for an opinion from an oncologist regarding the etiology of the claimed chondrosarcoma.

The Board has remanded the issues of service connection for a left eye disability and a low back disability, to include as secondary to service-connected left knee and leg disabilities. The Veteran's current diagnoses are nuclear cataracts in his left eye and lumbosacral strain. The VA examiners have provided conflicting opinions regarding whether these conditions are related to the Veteran's military service or service-connected conditions.

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

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service. The examiner must consider the Veteran's lay assertions and the service treatment records noting a high Body Mass Index (BMI).