Sleep apnea decisions — 2020

The Board has decided to remand the case due to an inadequate opinion regarding the etiology of the Veteran's sleep apnea. The Veteran will need a new VA examination to determine if his sleep apnea is related to his military service.

The Board has denied the Veteran's claims for service connection for sleep apnea and restless leg syndrome, finding that there is no evidence to support a direct relationship between these conditions and his military service.

The Veteran's TDIU was granted with an effective date of March 31, 2017. The Board found that the increase in disability occurred on this date due to his service-connected back pain.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is aggravated by his service-connected right knee condition, traumatic brain injury (TBI), or posttraumatic stress disorder (PTSD).

The Board has remanded several issues related to the Veteran's service connection claims, including TMJ dysfunction, left upper and lower extremity neuropathy, restless leg syndrome with body twitches, and sleep apnea. The TBI residuals issue is also being remanded for further examination.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during service and are related to obesity which also began during service.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service. The case needs to be reviewed and an addendum opinion provided by a VA examiner.

The Board has remanded several issues related to service connection, including for erectile dysfunction, sleep apnea, and a headache disorder. The effective dates for the grants of service connection are not specified as they are pending.

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

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that it is at least as likely as not related to his military service.

The Veteran's service-connected lumbosacral strain and degenerative arthritis of the spine are granted a 10 percent rating prior to January 9, 2020. No higher rating is warranted for any time period on appeal.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective November 18, 2009. He also receives additional SMC benefits for need of aid and attendance and housebound status.

The Board denied service connection for sleep apnea and diabetic peripheral neuropathy of the lower extremities, finding no evidence linking these conditions to service or a service-connected disability. The effective dates for granting service connection were set at October 28, 2010.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of its onset during service or within one year following service. The Board also found that it is not related to any service-connected disability.

The Veteran's lumbar spine disability is granted an increased rating of 40 percent, effective June 20, 2018.

The Veteran's service-connected PTSD and persistent depressive disorder have caused total occupational and social impairment, warranting a 100 percent disability rating. The Board has also granted service connection for obstructive sleep apnea as secondary to these conditions.

The Veteran's gastrointestinal disorder (GERD and gastric-type mucosa with chronic gastritis) is granted as service connected. The Veteran's PTSD does not meet the criteria for a TDIU rating.

The Board has granted service connection for sleep apnea and remanded the issue of TDIU prior to May 25, 2017.

The Veteran's claim for an increased rating of 40 percent for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome (IVDS) is granted. The claim for an increased rating of 30 percent for tinea versicolor, prior to September 16, 2014, is also granted. However, the claim for an increased rating in excess of 30 percent for tinea versicolor, from September 16, 2014, is denied. The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted.

The Board has found that there was not substantial compliance with its remand instructions and thus the appeals are being returned to the AOJ for further development.