Sleep apnea decisions — 2021

The Board has granted service connection for bilateral pes planus, but denied service connection for a lumbar spine disability and obstructive sleep apnea (OSA) to include as secondary to PTSD.

The Veteran's sleep apnea is rated at 30 percent for the period prior to October 24, 2020 and denied in excess of 50 percent after that date.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest during service and is not related to any in-service event or injury. The Board also found no evidence of aggravation by a service-connected disability.

The Board has remanded the case for additional development due to outstanding private treatment records and a request for Social Security Administration (SSA) records. The issues of service connection, evaluation in excess of 10 percent disabling, and initial evaluation in excess of 10 percent disabling are pending.

The Veteran's service-connected disabilities alone have not rendered him unemployable at any point during the appellate period, and his TDIU claim is denied.

The Veteran withdrew his appeals for service connection for obstructive sleep apnea and a right wrist condition before the Board made a decision.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is denied as there is no evidence to support a direct relationship between his OSA and his military service, including presumed herbicide exposure. The Board found that the current OSA is more likely related to post-service obesity.

The Veteran's headaches, coronary artery disease, hypertension, and depressive disorder are all found to be related to his active service.,Service connection is granted for these conditions. The preponderance of evidence does not support a finding that the left knee disability, right foot disability, right eye disability, sleep apnea, kidney disability, or skin disability began during service.

The Veteran's service-connected post-traumatic stress disorder (PTSD) is found to be the proximate cause of his current diagnosis of obstructive sleep apnea, and therefore service connection for OSA is granted.

The Board has remanded the claims for hypertension, heart condition, and obstructive sleep apnea due to potential errors in the previous medical opinions and the need for additional development of service personnel records.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service or secondary to his service-connected PTSD and/or TBI.

The Board has remanded the cases due to the need for further development, including scheduling of VA examinations.

The Board has remanded the cases for further development and opinion regarding service connection for sleep apnea, right hip condition, and degenerative arthritis of the lumbar spine. The Veteran's deviated septum is not rated compensably due to lack of obstruction.

The Veteran's claims for service connection for bilateral upper extremity neuropathy, bilateral hearing loss, an acquired psychiatric disorder (including PTSD and major depressive disorder), obstructive sleep apnea, a lumbar spine disorder, right lower extremity neuropathy, left lower extremity neuropathy, right knee disorder, and left knee disorder are all being remanded due to the need for additional medical opinions.,The Veteran has not been diagnosed with bilateral upper extremity neuropathy or any other condition related to his service. His claims for hearing loss, psychiatric disorders, sleep apnea, TBI, lumbar spine disorder, lower extremity conditions, and knee disorders are being remanded as well.

The Veteran's appeal is remanded for additional development regarding his left foot and ankle condition, folliculitis of the face, and scarring of the scalp. The low back disability claim remains denied.

The Veteran's appeal for a higher rating on his right ankle sprain was withdrawn during the August 2021 hearing.,Claims for hypertension and ED, both secondary to PTSD, were denied in November 2016. No new evidence has been submitted that could reopen these claims.,Claims for left knee condition and right knee condition were also denied in December 2016. Again, no new evidence has been submitted that could reopen these claims.,The Veteran's claim for an earlier effective date for his right ankle sprain rating was denied.,Service connection for IBS was granted.,Service connection for fibromyalgia was denied.,A 20 percent disability rating, but no higher, was granted for the left ankle condition. The Veteran is not entitled to a higher rating based on this appeal.,The Board found that new and material evidence had not been submitted to reopen claims of service connection for numbness, muscle and joint pain, migraines, memory loss, and lower back conditions.,Claims for obstructive sleep apnea (OSA) were also remanded.

The Veteran's claim for specially adapted housing and home adaptation grant is granted due to his permanent and total disability rating from Parkinson's disease. The claim for automobile or other conveyance benefits is also granted as the service-connected disabilities result in actual loss of use of both lower extremities.

The Board has decided to remand the case due to a lack of a VA sleep disorders examination addressing the etiology of the Veteran's obstructive sleep apnea and its relationship to active service and his service-connected disabilities.

The Veteran's claimed retroperitoneal fibrosis, stomach intestinal disability, sleep apnea, kidney disease, and hip replacements are not service-connected.,Service connection for the Veteran's current disabilities is denied as there is no evidence of in-service injury or disease that could be linked to these conditions.

The Veteran's appeal is remanded for additional examinations to determine the nature and etiology of her sleep apnea, right upper extremity carpal tunnel syndrome, and cervical spine disability. The rating reduction from 10 percent to noncompensable for left lower extremity radiculopathy was improper.