Sleep apnea decisions — 2021

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Board has determined that the April 2020 VA medical opinion was inadequate because it did not address whether the Veteran's OSA is aggravated by his service-connected PTSD. The case is being remanded to obtain an updated opinion on this issue.

The Board has granted service connection for sleep apnea but denied service connection for a lumbar spine disability, including degenerative disc disease and low back pain.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his military service and are related to a head injury he sustained in service.

The Board has dismissed all claims for service connection due to the Veteran's death.

The Board has remanded the claims for service connection for Obstructive Sleep Apnea and Respiratory Disability (Sinusitis, Rhinitis) due to insufficient consideration of secondary service connection.

The Board dismissed the issue of service connection for a sleep disorder, and denied service connection for both sleep apnea and memory loss.,Service connection was not granted for either condition as there was no credible evidence linking them to active service.

The Veteran's acquired psychiatric disability, including PTSD and Major Depressive Disorder, is granted as service-connected.,Obstructive sleep apnea (OSA) is found to have had its onset during active service and is therefore service-connected.,Chronic bronchitis is not service-connected due to lack of evidence linking the condition to service or any other cause.,Essential tremors of the bilateral upper extremities are not service-connected as there is no link between the disability and service.

The Veteran's back disability is rated at 20 percent, and his radiculopathies of the LLE and RLE are each rated at 10 percent. The appeal for higher ratings remains denied.

The Veteran's claims for service connection for sleep apnea, lung nodule, bilateral hearing loss, left arm tremor as a residual of left hand burn, right eye nerve damage, and back disorder (spinal cord degeneration) have been remanded due to insufficient evidence. The Board found that the current medical evidence is in equipoise on whether these conditions are related to service.

The Board has reopened the Veteran's claim for service connection for lumbosacral spine pain with degenerative disc disease and remanded other issues. Additional development is required to address all claims.

The Veteran's sleep apnea with bronchial asthma is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the severity of his symptoms.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was not enough evidence to establish a link between his current condition and his military service.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding VA treatment records, including sleep study results, being unavailable. The claims are also intertwined with a TDIU claim.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine. The criteria for SMC based on need for regular aid and attendance were also denied due to lack of evidence showing significant disabilities requiring such assistance.

The Board has determined that the Veteran's claims for service connection of right shoulder, left shoulder, and neck disabilities are denied as there is no evidence to support a finding that these conditions were incurred in or aggravated by his active military service.

The Board has remanded the case for further examination and opinion regarding service connection for obstructive sleep apnea due to medications taken for service-connected disabilities. The hearing loss claim is denied as there is no current disability.

The Veteran's claims for right elbow medial epicondylitis, acquired psychiatric disorder (including PTSD), right knee joint osteoarthritis and patellofemoral pain syndrome, intestinal neoplasm (claimed as colon cancer), liver abscess (claimed as liver disease), and obstructive sleep apnea are being remanded due to the need for additional development.

The Veteran's TDIU appeal is remanded due to incomplete employment information and a need for further development. The Veteran must provide updated occupational history, including employer names, addresses, contact information, dates of employment, job responsibilities, accommodation details, and income information.

The Board has remanded the Veteran's claims for service connection for various foot and ankle conditions, as well as sleep apnea due to inadequate medical opinions in previous VA examinations. The claims are being returned for further development.