Sleep apnea decisions — 2020

The Veteran's diabetes mellitus type II is rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of use of insulin or hospitalizations.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran has been granted service connection for tinnitus and obstructive sleep apnea. The Board remanded these issues as there are questions about their onset in service.,Service connection was established for hypertension, left knee disability, right knee disability, skin fungus (tinea pedis), and skin cancer (basal cell carcinoma).,The Veteran's gastroesophageal reflux disorder (GERD) is not yet service connected.

The Veteran's lumbosacral spine strain is rated at 20 percent, but no higher, based on the evidence showing forward flexion of the thoracolumbar spine greater than 30 degrees but not more than 60 degrees.

The Board denied the Veteran's claims for effective dates earlier than March 27, 2018 for service connection of various conditions. The Veteran was previously denied service connection due to dishonorable discharge from active duty.

The claim for service connection for sleep apnea is being remanded due to new evidence received after the January 2017 denial.

The Veteran's lumbosacral strain, right and left lower extremity radiculopathy (sciatic nerve) are rated at 40 percent from February 21, 2012 to October 14, 2019. The Veteran is granted a total disability rating due to individual unemployability effective February 21, 2012 and basic eligibility for Dependents' Educational Assistance (DEA) benefits beginning February 21, 2012.

The Veteran's claim for special monthly compensation (SMC) based on housebound criteria prior to May 30, 2018 is denied because he does not meet the statutory or factual requirements of being permanently confined to his home.

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

The Board has found that new and relevant evidence was presented to warrant readjudication of the claim for service connection for headaches. The claims for sleep apnea and an acquired psychiatric disorder are also remanded due to pre-decisional duty to assist errors.

The Board has granted service connection for obstructive sleep apnea, finding that the current diagnosis is related to symptoms observed during active service.

The Veteran's appeals have been dismissed as he withdrew his appeal with respect to all issues before the Board.

The Board has remanded the cases for additional examinations and evaluations to determine appropriate ratings for service-connected coccidioidomycosis and scarring due to right latissimus dorsi fibrosarcoma.

The Board dismissed the appeals for service connection for fatigue, obstructive sleep apnea, and gastroesophageal disorder (claimed as GERD) due to a withdrawal request from the Veteran's attorney.

The Board has decided to remand the case due to inadequate rationale in the previous VA examination and insufficient consideration of lay statements. The Veteran's claim for service connection for obstructive sleep apnea is now pending again.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, beginning July 20, 2015. The Board granted the TDIU claim based on all reasonable doubt being resolved in favor of the Veteran.

The Veteran's osteoarthritis of the lumbar spine and lumbosacral strain are found to be service-connected as they are related to his in-service injury, which he reported.

The Board has determined that the Veteran's sleep apnea did not have its onset in service and is not related to any service-connected condition, thus denying his claim for service connection.

The Board has remanded the Veteran's claims of service connection for chronic fatigue syndrome, obstructive sleep apnea, cardiac arrythmia with palpitation, and restless leg syndrome due to inadequate examination reports. Additional development is required to address the etiology of these conditions.

The Board has remanded the case due to an inadequate VA medical opinion, and a new examination is required to determine if the Veteran's obstructive sleep apnea began during service or is related to any incident of service.

The Veteran's claim for separate ratings for OSA and asthma is remanded as VA regulations do not allow for separate ratings for these respiratory conditions. The Board agrees with the previous rating decision that only one disability rating will be assigned, based on which condition is predominant.

The Veteran's service connection claim for Bipolar Disorder is granted. Claims for Personality Disorder, Depressive Disorder, Headaches, Sleep Apnea, and Hypertension are denied.