Sleep apnea decisions — 2021

The Board denied dependency and indemnity compensation based on service connection for the cause of the Veteran's death, finding that there is no evidence to support a relationship between his service-connected disabilities (back, lower extremity radiculopathy, hearing loss, tinnitus) and his death from myocardial infarction.

The claims for service connection for OSA, heart disease, left knee disability, and right hip disability have been reopened due to the submission of new evidence. The Board has determined that additional medical examinations are needed as the current state of the Veteran's disabilities is not reflected in the existing records.,The Veteran’s testimony at his hearing indicates he may be related to service-connected PTSD for OSA and right foot injury, and secondary service connection claims need to be evaluated.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence added to his file after a July 2020 SSOC. The RO must consider this additional evidence in its initial review.

The Board has granted service connection for lumbosacral strain, left knee disability manifested by pain, right knee strain, and adjustment disorder with mixed anxiety, depressed mood and sleep disturbance. The decision is based on the Veteran's credible testimony regarding his in-service experiences and ongoing symptoms.

The Veteran's lumbosacral spine fusion is currently rated at 20 percent, which is the maximum available rating under Diagnostic Code 5241. The appeal for a higher initial evaluation has been denied.

The Board has remanded the Veteran's claims for service connection for low back disorder and sleep apnea due to inadequate VA examination opinions. The Veteran reported continuous symptoms since service, but the VA examiners did not adequately address these complaints.

The Board denied service connection for obstructive sleep apnea and erectile dysfunction, finding that the evidence did not support a link to the Veteran's service-connected disabilities.

The Veteran's claimed conditions, including ischemic heart disease, diabetes mellitus, peripheral neuropathy, respiratory disorder, and sleep apnea, were not found to be service-connected. The Board determined that the evidence did not support a finding of direct service connection for these conditions.

The Veteran's claim for service connection for obstructive sleep apnea was granted, with a rating of 100% effective as of the date of the decision.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment for the period from November 15, 2012 to February 15, 2013, and granted a TDIU on an extraschedular basis.

The Board has remanded the cases due to non-compliance with previous remand directives and because a decision on one issue could significantly impact another. Specifically, an addendum opinion is needed regarding whether the Veteran's sleep apnea/chronic sleep disturbance disability is at least as likely as not proximately due to or aggravated by his service-connected diabetes mellitus.

The Board denied service connection for sleep apnea, finding that the Veteran's current diagnosis of obstructive sleep apnea is not related to his active service or his service-connected PTSD.

The Veteran's lumbosacral sprain has been rated at 20 percent since November 3, 2010. The Board denied a higher rating as the evidence does not show that his forward flexion is limited to 30 degrees or less, which would warrant a 40 percent rating.

The Board has decided to remand the Veteran's claim for sleep apnea as it is unclear whether his condition began during service or is related to his service-connected PTSD. The Veteran needs to be provided with a VA examination to determine these issues.

The Board has determined that the Veteran's obstructive sleep apnea originated during his active service and grants service connection for this condition.

The Board has remanded the case for an addendum opinion to determine if the Veteran's obstructive sleep apnea is related to his military service, caused by or aggravated by his service-connected disabilities, and whether his obesity was a substantial factor in causing or worsening his OSA.

The Board has remanded the cases for further development due to inadequate medical opinions and missing records. The Veteran's claims of service connection for sleep apnea and hypertension are currently pending.

The Veteran's bilateral hearing loss and OSA are granted as secondary to service-connected PTSD. The rating for his PTSD is maintained at 50%.

The Board has remanded the Veteran's claims for service connection for sleep apnea and right ankle sprain, as well as his claim for TDIU due to service-connected disabilities. The issues are being returned for additional development.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations of his service-connected disabilities.,The Veteran has multiple service-connected conditions, including atrial fibrillation, hypertension, degenerative disc disease (DDD) of the lumbosacral spine, right shoulder arthroplasty, left shoulder debridement, right knee replacement, and status post left knee ACL reconstruction. The appeal is remanded to allow for further evaluations and determinations regarding these conditions.