Sleep apnea decisions — 2021

The Veteran's unspecified bipolar and related disorder, gout, and sleep apnea are all granted. The rating for the unspecified bipolar and related disorder is set at 100 percent effective from the date of the hearing before the Board in December 2020.

The Veteran's initial compensable disability rating for OSA prior to December 20, 2018 is denied. A 100 percent disability rating for OSA since December 20, 2018 is granted.

The Board has remanded the service connection claims for hypertension, OSA, and a sinus condition due to potential issues with causation.,Service connection is sought for hypertension secondary to tinnitus, OSA as secondary to tinnitus, and a sinus condition related to service.

The Board denied the Veteran's claim for service connection of sleep apnea as secondary to his service-connected bronchial asthma with rhinitis, finding that there is no evidence showing a causal relationship between the two conditions.

The Veteran's sleep disorder, including OSA, hypersomnia with sleep apnea, and mild to moderate hypopnea syndrome, is remanded for further examination to determine if it is related to service.

The Board has remanded the case for further development, including obtaining updated VA treatment records and securing any relevant private treatment records. An independent medical opinion will be requested under 38 U.S.C. § 5109/38 C.F.R. § 3.328 to address whether OSA had its onset in or is otherwise related to the Veteran's active service, as well as whether it is proximately due to any of his service-connected disabilities (including PTSD, asthma, IBS, GERD, or sinusitis), and whether it has been aggravated by any of those conditions.

The Board denied service connection for sleep apnea, finding that it was not caused or aggravated by the service-connected sinusitis with rhinitis and did not manifest during service.

The Board has determined that the Veteran's lumbosacral spine disability, including lumbosacral strain, bulging discs, and degenerative arthritis, is not related to service. The preponderance of evidence does not support a finding that these conditions began during active duty or are otherwise linked to military service.

The Veteran withdrew his appeals of the claims for bilateral pes planus, obstructive sleep apnea, skin cancer, atrial fibrillation, and hypertension.

The Veteran's OSA and psoriasis were not granted service connection, while his psoriatic arthritis was granted an initial rating of 20 percent. The TDIU claim was denied.

The Board has granted an earlier effective date of May 13, 2004 for the award of service connection for sleep apnea based on a finding of clear and unmistakable error in a May 2008 rating decision.

The Board has remanded the claims for service connection for obstructive sleep apnea and dyspnea due to inadequate medical opinions. The Veteran's current diagnoses of these conditions need to be confirmed, and a VA examination is required to determine if they are related to his active service or any other service-connected disabilities.

The Veteran's tinnitus is presumed to have been incurred in service and the claim for service connection is granted.,Service connection for right shoulder disorder, right ankle disorder, and sleep apnea are remanded due to insufficient evidence regarding their onset or relationship to service.

The Board has remanded the claims for service connection for dizziness, an acquired psychiatric disorder (including PTSD), sleep apnea, a right eye injury, and bilateral hearing loss due to insufficient evidence or need for further examination.

The Veteran's radiculopathy of the right lower extremity is granted effective June 9, 2014. The Board also grants service connection for Parkinson’s Disease and related conditions secondary to environmental exposures from Persian Gulf War service. Other claims are remanded due to inextricable interrelation with these issues.

The Board is remanding the cases for further development to obtain VA and private treatment records, including those from non-VA emergency rooms. The claims include increases in ratings for lumbosacral spondylosis, left lower extremity nerve disability, and right lower extremity nerve disability, as well as a TDIU rating prior to July 10, 2020.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea and a back disability due to the Court finding that the existing record does not contain adequate medical opinion evidence to adjudicate these claims under the new theory of entitlement. The VA examiner is required to provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that obstructive sleep apnea and/or a back disability is due to a disease or injury while on active duty, if caused by service-connected conditions.

The Veteran's appeal is denied as his bronchial asthma with obstructive sleep apnea does not warrant a rating in excess of 60 percent, and service connection for high blood pressure, left shoulder disorder, right shoulder disorder, left knee disorder, and right knee disorder cannot be established.

The Veteran's claims for increased disability ratings for PTSD, major depressive disorder, and lumbosacral intervertebral disc syndrome are being remanded due to the need for additional medical examinations.

The Veteran's claim for an increased evaluation of his low back injury with degenerative arthritis of the lumbosacral spine is being remanded due to a lack of compliance with the Board's previous remand instructions. The case will be returned for further development, including obtaining updated VA treatment records and scheduling a VA examination.