Sleep apnea decisions — 2021

The Board dismissed the Veteran's appeals for earlier effective dates of July 7, 2017, for the grant of service connection for left ear hearing loss and tinnitus. The appeal for an earlier effective date of July 7, 2017, for the 40% rating for degenerative arthritis and disc disease of the lumbosacral spine was granted with an effective date of July 7, 2017. Appeals for earlier effective dates of October 23, 2017, for service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also dismissed.

Service connection is granted for lumbosacral strain and degenerative arthritis with IVDS, but service connection for left total hip replacement is remanded.

The Board has granted service connection for obstructive sleep apnea and migraine headache disorder, finding that these conditions are proximately due to or aggravated beyond their natural progression by the Veteran's service-connected deviated septum and psychiatric disorders. The remaining issues have been remanded.

The Board has granted service connection for residuals of a stroke and obstructive sleep apnea, finding that the Veteran's current conditions are aggravated by his service-connected hypertension or stroke.

The Board has granted service connection for an acquired psychiatric disability, respiratory disabilities (COPD and Pulmonary Fibrosis), hypertension, obstructive sleep apnea, and hiatal hernia. The decision is based on the Veteran's competent lay reports of symptom onset during active service.

The Board has denied an initial rating in excess of 20 percent for the Veteran's lumbar spine disability prior to October 11, 2018. The Board has also remanded the issue of service connection for a sleep disorder, including sleep apnea.

The Board has determined that the Veteran's sleep apnea did not manifest during service and is not otherwise related to his military service. As such, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his period of active service, and therefore grants entitlement to service connection for this condition.

The Board has decided to remand the Veteran's claims for service connection for obstructive sleep apnea and a compensable disability rating for bilateral hearing loss due to potential issues with obesity caused by PTSD.

The Veteran's claims for service connection and increased ratings on several disabilities have been remanded due to insufficient evidence or need for further examination.

The Board has remanded the case due to a lack of an in-person or telemedicine examination, and for obtaining updated VA treatment records. The Veteran's OSA is being examined again to determine if it is related to his service-connected PTSD.

The Veteran's right hip strain with limitation of flexion and impairment of thigh have not been rated higher than the current 10 percent due to lack of evidence showing more severe limitations.,Lumbosacral strain has also not met criteria for a higher rating, as there is no indication that it meets or approximates the criteria for a disability rating in excess of 10 percent.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy, as well as his claim for TDIU prior to March 5, 2020. The Veteran is required to undergo VA examinations to assess the severity of his service-connected conditions.

The Board has decided to remand the case for a VA medical examination and opinion regarding the etiology of the Veteran's OSA, specifically whether it began during his period of service from September 2010 to November 2011, is caused by PTSD, or aggravated by PTSD. The examiner must also determine if the presumption of soundness was rebutted for his fourth period of service (September 2017 to May 2018).

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is caused by obesity, which was caused by his service-connected PTSD. The decision also notes that obesity is a substantial factor in causing the Veteran's sleep apnea.

The Veteran's appeal for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine is remanded due to inadequate prior VA examinations and a need for a retrospective opinion.

The Board denied the Veteran's request for an earlier effective date for service-connected obstructive sleep apnea, finding that the earliest possible effective date is June 2, 2014, when he first submitted a claim for this condition. The decision states that the Veteran was previously granted service connection for narcolepsy in January 2013 and that his symptoms were initially diagnosed as narcolepsy rather than obstructive sleep apnea.

The Board has remanded the claims for service connection for sleep apnea and skin disability due to new evidence received since the prior denial. The skin disability is presumed related to PTSD, while the sleep apnea may be secondary to medications used for other conditions.

The Veteran's currently diagnosed obstructive sleep apnea is found to have had its onset during her active military service, and the Board granted service connection for this condition.

The Veteran's service connection claims for various disabilities were granted, but an effective date earlier than January 13, 2017 is denied.