Sleep apnea decisions — 2021

The Veteran's claim for increased ratings for his low back disability was denied. The current rating of 20 percent is not considered appropriate given the severity and nature of his symptoms.

The Veteran's petition to reopen the claim of service connection for coronary artery disease was granted. Service connection for sleep apnea and gastroesophageal reflux disease (GERD) were denied.

The Veteran withdrew his appeals for all issues, including service connection for hypertension and increased ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The TDIU claim remains on appeal.

The Veteran's claim for sleep apnea is being remanded due to the need for a VA examination and verification of his service dates. The examiner will determine if the Veteran's sleep apnea had its onset during service.

The Board has remanded the claims for service connection for back, neck, left ankle, right ankle, and OSA disabilities due to incomplete examination opinions and lack of associated third-party statements.

The Veteran's appeals for increased ratings for PTSD and service connection for chloracne and a sleep disorder were denied. The decision also found that the Veteran does not meet criteria for TDIU.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, was denied. The claims for increased evaluations for right knee patellofemoral syndrome and right knee instability were also denied. The claim for left shoulder dyskinesis was partially denied, with a 20 percent evaluation granted from October 13, 2020, but the issue of entitlement to an initial evaluation in excess of 20 percent remains pending. The Veteran's claim for TBI/post-concussion syndrome with insomnia was also denied.

The Board has determined that the Veteran's current sleep apnea is more likely than not related to his active duty service, and thus grants service connection for this condition.

The Veteran's dyspepsia is rated at a maximum of 30 percent, and service connection for obstructive sleep apnea secondary to his service-connected dyspepsia has been granted. The Board has remanded the claims for deviated septum and bilateral dry eye syndrome.,Service connection for deviated septum and bilateral dry eye syndrome is also being remanded.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, but denied service connection for lumbar spine and left shoulder disabilities.

The Veteran withdrew his appeals for all service connection claims, including those related to shrapnel wounds, hearing loss, tinnitus, sinus conditions, sleep apnea, neurobehavioral effects, PTSD, and peripheral neuropathy. The cases are dismissed.

The Board has remanded the issues of entitlement to an earlier effective date for service connection and a higher rating for valvular heart disease, as well as TDIU. The Veteran's claims are pending further development.

The Board has granted service connection for anemia secondary to service-connected hemorrhoids. The cases of sleep apnea and upper chest bleeding are remanded for further development.

The Board denied service connection for lumbar spine disorder, hypertension, and sleep apnea. The Veteran's lumbar spine disorder is not related to his military service. His hypertension is not due to herbicide exposure or diabetes mellitus, type II. Sleep apnea was also not found to be related to service.

The Board has determined that the Veteran's sleep apnea had its onset during service and is related to his service-connected PTSD. Therefore, the claim for service connection for sleep apnea secondary to PTSD is granted.

The Veteran's acquired psychiatric disorder, including major depressive disorder, was granted service connection.,The Veteran's sleep apnea and headache disorder were also granted as secondary to the now service-connected acquired psychiatric disorder.

The Veteran's PTSD is rated at 50% prior to August 10, 2018 and 70% from that date. His Sleep Apnea is currently rated at 50%. Both conditions are denied for increased ratings.

The Board has granted service connection for sleep apnea (OSA) and remanded the issue of service connection for headaches due to a challenge by the Veteran's attorney regarding the competency of the VA examiner who provided an opinion on the headaches.

The Veteran's claims for service connection were denied as new and material evidence was not received to reopen the hypertension claim. Service connection was also denied for chronic respiratory disorder, GI disorder, and OSA due to lack of in-service incurrence or aggravation.

The Veteran's lumbosacral strain was rated at 40% from April 26, 2010 to April 26, 2015. The Board granted TDIU effective January 1, 2012.