Sleep apnea decisions — 2020

The Veteran's lumbosacral strain was rated at 10% prior to November 14, 2017. Since then, the rating has been increased to 20%. The current rating is based on limitation of motion and no incapacitating episodes requiring bed rest.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran asserts that his sleep disorder is secondary to service-connected major depressive disorder and/or bilateral ankle and back disabilities.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened and remanded due to the need for a VA examination.,The Veteran's claim for service connection for meningioma, claimed as secondary to exposure to radiation exposure, has also been reopened and remanded for further development including a dose estimate from the U.S. Army Dosimetry Center.

The Board has dismissed all service connection claims for the Veteran's listed conditions, including those related to herbicide exposure, due to his death.

The Veteran's initial request for a higher rating for atrial fibrillation and sleep apnea-hypopnea syndrome was denied. For the period beginning December 1, 2020, he is rated at 10 percent for these conditions.

The Board has remanded the Veteran's claims for service connection for sleep apnea and hypertension due to potential links to his service-connected diabetes mellitus or herbicide exposure. The claims are being reviewed again with additional medical opinions.

The Board has remanded the Veteran's claims for bilateral hearing loss, low back condition, erectile dysfunction (ED), and obstructive sleep apnea (OSA) due to potential issues with causation or aggravation.,Specifically, the Board requested additional opinions regarding the etiology of these conditions.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected acquired psychiatric disorder.

The Board has remanded the claims for service connection for a right knee disorder and sleep apnea due to gas chamber exposure. The issues are being returned for further development, including verification of service dates and obtaining medical examinations.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service or if it is caused by his service-connected PTSD.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition did not manifest during service and is not related to his military service.

The Veteran withdrew his appeals regarding service connection for lumbosacral strain and degenerative arthritis of the spine, rash on hand, plantar fasciitis or pes planus, and thyroid with weight issues before the Board could review them.

The Board denied an earlier effective date for the grant of service connection for sleep apnea, finding that a claim was not reasonably raised by the record and CUE has not been established.

The Board dismissed the appeal due to the appellant's request for withdrawal of the issue on appeal.

The Veteran's OSA is currently rated at 50 percent, effective June 6, 2011. The Board denied a higher rating as the symptoms do not meet the criteria for a 100 percent rating.,The Veteran's claim for an earlier effective date for his OSA was denied because no formal or informal claim prior to June 6, 2011 has been filed.,The Veteran is granted TDIU based on his service-connected disabilities. The Board found that the Veteran’s physical limitations due to his service-connected conditions make it impossible for him to secure and follow a substantially gainful occupation.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, including his service connection claim and asbestos exposure verification.

The Board has found the Veteran's sleep apnea examination inadequate and must again remand the claim. The Veteran is not entitled to a separate compensable rating for his diabetic retinopathy.

The Veteran's sleep apnea is granted as secondary to his service-connected conditions. His IVDS of the lumbar spine and sciatic nerve radiculopathy of the left lower extremity are not rated higher than their current levels, while his binocular visual field defect remains at its current level.

The Board has remanded the claims for service connection for a condition of the hands and fingers, sleep apnea, and hypertension due to additional development being required. The Veteran's representative provided new evidence in September 2020.

The Board has remanded the case due to insufficient evidence regarding the cause and pathophysiology of the Veteran's sleep apnea. The Veteran will need a new VA examination to address these issues.