Sleep apnea decisions — 2021

The Board has remanded the cases of service connection for OSA and COPD due to a lack of compliance with previous remand instructions. The VA examiner is required to provide an opinion on whether these conditions are related to service, including exposure to burn pits.

The Veteran's lung disorder other than obstructive sleep apnea was not incurred in active service and is denied. The appeal for TDIU prior to April 4, 2012, is dismissed.

The Veteran's lumbar spine disability is granted a 40 percent rating as of November 24, 2014. The claim for service connection for sleep apnea and the TDIU claim are remanded due to inadequate examination.

The Board denied the Veteran's claim for a TDIU prior to July 14, 2018 due to lack of evidence showing he was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

Service connection for PTSD is granted.,Service connection for bilateral hearing loss is granted.,Service connection for obstructive sleep apnea is remanded.,Service connection for a dental disorder for compensation purposes is remanded.,Service connection for a dental disorder for treatment purposes is remanded.

The Board has decided to remand the case due to the need for a new VA examination to determine if any diagnosed back conditions are related to service, including preexisting lordosis.

The Board has granted service connection for migraine headaches and obstructive sleep apnea (OSA) as they are related to the Veteran's active duty service. The decision also vacates previous denials of these claims.

The Board has denied the Veteran's claims for service connection for a left wrist disability and sleep disorder (OSA) as there is no evidence of a current disability related to his in-service injuries or exposure, and the medical opinions provided do not support a nexus between his claimed conditions and service.

The Board denied a rating in excess of 20 percent for lumbosacral strain, finding that the Veteran's disability did not meet criteria for higher ratings based on limitation of motion or intervertebral disc syndrome.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected conditions and his obstructive sleep apnea. The VA must provide a new examination to address these issues.

The Veteran's claim for a higher rating for chronic strain lumbosacral spine was denied as the evidence did not meet the criteria for a rating in excess of 10 percent prior to March 8, 2017, in excess of 20 percent from March 8, 2017 to August 13, 2018, and in excess of 40 percent thereafter.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his condition did not qualify as a medically unexplained chronic multi-symptom illness (MUCMI) and thus could not be granted on a presumptive basis under 38 C.F.R. § 3.317. The Board also found no evidence of in-service incurrence or aggravation, concluding that the Veteran's obstructive sleep apnea was less likely than not related to his service.

The Veteran's claim for a higher initial disability rating for lumbosacral osteoarthritis prior to April 3, 2015 was granted. From April 3, 2015 to May 8, 2017, the Veteran received a 40 percent disability rating. After that date, his claim for an increased rating was denied.

The Veteran's claims for service connection for a psychiatric disorder and obstructive sleep apnea were denied as the evidence did not establish that these conditions had their onset in or are otherwise related to his military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred or aggravated by her military service and is not related to any service-connected disabilities.

The Board has remanded the case for further examination and opinion regarding service connection for sleep apnea, as no VA examiner has provided an opinion on whether it is related to service or secondary to PTSD.

The Veteran withdrew his appeal for an increased rating of lumbosacral strain, so the case is dismissed.

The Veteran's service-connected disabilities, including her lumbosacral degenerative disc disease and right foot injury, have rendered her unable to secure or maintain substantially gainful employment for the appeal period prior to April 22, 2013.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to service or his service-connected PTSD.

The Board denied the Veteran's claim for service connection for a back condition, finding that her current back disability is not related to her service and does not meet the criteria for secondary service connection due to her service-connected bilateral pes planus.