Sleep apnea decisions — 2020

The Veteran's service-connected disabilities, including her lumbosacral strain, right ankle, left lower radiculopathy and right wrist conditions, are considered one disability with a combined rating of 60 percent. The Board finds that the functional impairment associated with these disabilities precludes the Veteran from securing substantially gainful employment.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.

The Board has decided to remand the Veteran's claim of service connection for sleep apnea due to insufficient medical opinions and need for additional development.

The Veteran's OSA was not incurred in service and is not related to a service-connected disability. The appeal for both direct and secondary service connection for OSA is denied.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service or a service-connected disability.

The Board has denied the Veteran's claims for service connection for glaucoma and sleep apnea. The Board found that there is no evidence linking the conditions to his military service, including herbicide exposure or antimalarial medication use.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his service-connected PTSD and/or sinusitis.

The Board has remanded the Veteran's claim for further clarification regarding his service connection for sleep apnea, specifically addressing the relevance of his in-service weight gain and the cause of his obstructive sleep apnea.

The Board has remanded the Veteran's claims for earlier effective dates for service connection due to incomplete information provided by his attorney regarding a claim submitted with Mr. Lloyd Finklea in 1992.

The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent disability rating, effective March 23, 2013. The Veteran's other claims are remanded.

The Board has remanded the issue of service connection for a right ankle disability, as it is unclear whether the Veteran's current condition is secondary to his service-connected right great toe disability. The TDIU and SMC claims are granted based on the Veteran’s service-connected lumbosacral strain and depressive disorder.

The Veteran's claims for service connection for bilateral knee osteoarthritis and right knee osteoarthritis are reopened, but the left knee disorder is denied. The claim of service connection for obstructive sleep apnea (OSA) is remanded due to insufficient evidence.

The Board has remanded the case due to missing medical expense records. The issues of whether new and material evidence has been received to reopen claims for service connection for right and left knee disorders, and entitlement to service connection for obstructive sleep apnea will be addressed in a separate decision.

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

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU. The claims for respiratory disorder and sleep apnea are remanded due to insufficient evidence.

The Board has granted the Veteran's claim for service connection of sleep apnea as secondary to his service-connected sinusitis, finding that it is at least as likely as not aggravated by his sinusitis.

The Board has granted service connection for sleep apnea, finding that the Veteran had symptoms of obstructive sleep apnea during service and since separation.

The Board has determined that a remand is necessary to determine the nature and etiology of the Veteran's sleep apnea disability, including whether it is related to his service in Southwest Asia.

The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 7, 2010.

The Veteran's application to reopen her sleep apnea claim is granted, and she is entitled to an effective date prior to October 31, 2015 for the grant of service connection for PTSD. The Board has determined that a VA examination is necessary to determine the etiology of her sleep apnea and to assess the current severity of her PTSD, cluster headaches, right foot heel spur, left ankle sprain with heel spurs, and patellofemoral syndrome of the left knee.