Sleep apnea decisions — 2021

The Board has ordered remand for further development regarding the propriety of severance of service connection for DDD of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The issues are inextricably intertwined due to the interrelated nature of the disabilities.

The Veteran's increased disability ratings for diabetic peripheral neuropathy of the bilateral lower extremities are granted prior to August 26, 2019 and from that date. The Veteran's OSA claim is remanded.,Service connection for obstructive sleep apnea (OSA) remains in dispute.

The Veteran's appeal for increased ratings of right knee laxity and chondromalacia patella was dismissed due to the Veteran's withdrawal.,A 40 percent rating for radiculopathy of the right lower extremity is granted, effective from December 6, 2013.

The Board has remanded the claims of service connection for a neck disorder and sleep apnea due to inadequate medical opinions in the original decision. The Veteran's lay statements supporting his assertions about in-service incidents are not adequately addressed.

The Board has granted service connection for PTSD, unspecified depressive disorder and adjustment disorder with depressed mood. Service connection for sleep apnea was denied.

The Board has granted service connection for residuals of right wrist tendonitis and remanded other claims due to the need for additional development.

The Veteran's service-connected disabilities do not meet the schedular rating requirements for a TDIU, and the preponderance of the evidence is against finding that his service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment.

The Board denied the Veteran's claims for service connection for a respiratory condition, including COPD, OSA, and OHS, finding that there was no evidence to support his claim of in-service asbestos or herbicide agent exposure. The Board also found that the Veteran's current respiratory conditions were not related to his age-related decline and history of smoking.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active duty service and granted service connection for this condition.

The Board has remanded the claim for further development due to inadequate medical opinions regarding service connection for obstructive sleep apnea (OSA). The Veteran's OSA is being reviewed for direct service connection, secondary to PTSD and lumbar spine disability.

The Veteran's claim for service connection for various conditions, including residuals of testicular injury, hypertension, erectile dysfunction, bilateral cataracts, psychiatric disability (depression), and obstructive sleep apnea, was granted. The effective date is not specified.

The Board has granted service connection for sleep apnea, finding that it is secondary to the Veteran's service-connected PTSD and medications taken for his other disabilities.

The Board has remanded the Veteran's claims for service connection for recurrent sleep disability, recurrent headache disability, and left ear hearing loss due to incomplete records and need for further medical examinations.

The Board has remanded the claims for diabetes mellitus, type 2 and obstructive sleep apnea due to inadequate medical opinions regarding whether these conditions are secondary to service-connected disabilities.

The Veteran's claims for service connection and increased ratings are denied. The Board found that the evidence did not establish a nexus between his current disabilities and his military service.

The Board has withdrawn all issues related to service connection for hypertension, sleep apnea, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and a left knee condition. The remaining issues have been remanded.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability (TDIU) due to his service-connected disabilities, with the most probative evidence showing he is unable to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, a right eye disorder, left knee disability, and right knee disability due to inadequate opinions in previous examinations. The claims are now pending for further development.

The Board has remanded the case due to insufficient development of vocational rehabilitation and functional capacity evaluations, which were not provided by a vocational rehabilitation counselor as directed in the previous August 2019 remand. The Veteran's service-connected conditions include posttraumatic stress disorder, right lower extremity radiculopathy, lumbosacral strain, right hip osteoarthritis, gastroesophageal reflux disease, and several other disabilities.

The Board has denied the Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy. The case is remanded to obtain new examinations to assess the severity of the Veteran’s lower extremity radiculopathy.