Sleep apnea decisions — 2021

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and maintaining employment, despite significant physical and mental impairments.

The Board has remanded the claims for a rating in excess of 20 percent for mechanical low back pain with degenerative changes of the lumbosacral spine, ratings for left and right lower extremity radiculopathy, and entitlement to TDIU due to service-connected disabilities. The issues are related to the severity and frequency of flare-ups.

The Veteran's lumbosacral strain is rated at 20 percent since April 28, 2019. His right lower radiculopathy and left lower radiculopathy are also rated at 20 percent each.

The Veteran's acquired psychiatric disability, chronic lymphocytic leukemia, and related conditions are all granted as secondary to his service-connected psychiatric disability. The specific diagnoses of sleep apnea, left shoulder rotator cuff tear, heart disease, migraines, and foot disabilities are also granted.

The Board has determined that the Veteran's sleep apnea and chronic cervical spine disability are related to his service-connected conditions, specifically ALS. The case is being remanded for further analysis.

The Board has remanded the cases for further development due to inadequate medical opinions regarding service connection for an acquired psychiatric disorder and a sleep disorder. The Veteran's claims are related to his experiences in service, including while serving at Camp Pendleton.

The Board denied a rating in excess of 20 percent for lumbosacral strain with arthritis, finding the evidence against finding flexion limited to 30 degrees or less.

The Board has remanded the cases due to insufficient opinions regarding service connection for OSA and TDIU. The Veteran's OSA is being reviewed again, with a focus on whether it is aggravated by his service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus denying his claim for TDIU.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during active duty and have continued since. The issue of service connection for periodontal disease was withdrawn by the Veteran.

The Veteran has withdrawn his appeals for all issues related to service connection, including asthma, ankle disability, depression, foot condition, low back condition, neck condition, right knee condition, sinusitis, and sleep apnea.

The Board has remanded the case due to insufficient development and lack of a clear nexus opinion regarding the Veteran's allergy disorder, which is claimed as secondary to service-connected urticaria pigmentosa. The examiner must address all relevant records including STRs, VA treatment records, and testimony from the March 2016 hearing.

The Board denied service connection for various conditions, including left hip disability, skin disability (psoriasis, tinea pedis and tinea corporis), restless leg syndrome, sleep apnea, residuals of esophageal diverticulum, and a left eye condition. The primary reasons were lack of evidence linking these conditions to service.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability is being remanded due to the need for additional development, including obtaining recent medical records from St. Francis Hospital in Charleston.

The Board granted an effective date of October 11, 2007 for the grant of special monthly compensation (SMC) based on blindness in both eyes having only light perception. The Veteran's eligibility for SMC became factually ascertainable on that date.

The Board denied a rating in excess of 20 percent for right shoulder tendonitis and denied service connection for obstructive sleep apnea. The decision found no evidence to support higher ratings or service connection.

The Board has remanded the claims for service connection for erectile dysfunction and sleep apnea, as well as the claim for an increased rating for PTSD. The Veteran's appeal is not granted in full.

The Board has remanded the Veteran's claims for sleep apnea and left great toe disorder due to insufficient evidence. The Veteran is seeking service connection for these conditions, which he believes are related to his military service.

The Veteran's claims for increased ratings for his left wrist disability and arthritis of the lumbosacral spine were denied. The Board found that a higher rating was not warranted based on the evidence provided.

The Veteran's lumbar spine disability, even with consideration of painful motion, was not manifested by forward flexion limited to greater than 30 degrees but not greater than 60 degrees. The RO denied an initial rating in excess of 10 percent prior to February 3, 2020 and a rating in excess of 20 percent thereafter for lumbar spine disability.