Sleep apnea decisions — 2021

The Veteran's sleep apnea is not service-connected, but his scars from a head laceration and right knee disability are. The rating for headaches remains unchanged.

The Veteran's service-connected right foot disability is found to have proximately caused his back disability. The Board has granted service connection for a back disability, but the issues of service connection for an acquired psychiatric disorder (including PTSD and depressive disorder) and sleep apnea are remanded.

The Board has decided that the Veteran's claim for a total disability rating due to individual unemployability (TDIU) is denied. The service connection claims for low back disability, bilateral foot pain, and obstructive sleep apnea are remanded.

The Veteran's service connection claims for a deviated septum and OSA have been reopened due to the submission of new evidence. The claim for TDIU remains pending.,Service connection for a chronic heart disorder is denied as there is no current diagnosis or evidence linking any diagnosed condition to active service.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected posttraumatic stress disorder, including from weight gain resulting from PTSD. Therefore, service connection for OSA is granted.

The Board has denied a compensable rating for hypertension and has remanded the issue of service connection for obstructive sleep apnea.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that OSA was not manifested in service and is not shown to be etiologically related to his service or any service-connected disability.

The Board has denied the Veteran's claims of service connection for a sleep disorder and sleep apnea, finding that the preponderance of evidence does not support a link to service or any service-connected condition.

The Veteran's low back disability is rated at 40 percent, but not higher. The right hip disability is rated at 70 percent, but not higher exclusive of any period of a temporary 100 percent rating.

The Board has remanded several claims for further development, including right knee disability, left knee disability, headaches, recurrent cysts, residuals of fracture, right little finger, and sleep apnea. The Veteran's outstanding VA treatment records and private physical therapy records are to be obtained, as well as any SSA records relevant to his disability benefits claim.

The Board has remanded the Veteran's claims for service connection for sleep apnea and hypothyroidism due to insufficient medical opinions addressing whether these conditions are related to his service-connected disabilities, specifically his back disability. The Veteran is seeking secondary service connection based on obesity as an intermediate step.

The Veteran's lumbar spine disability is rated at 20 percent since January 7, 2020. The rating was increased from a previous 10 percent.

The Veteran's claims for service connection for aortic aneurysm, initial evaluations in excess of 10 percent and 60 percent for CAD, service connection for skin cancer, OSA, diabetes mellitus type II, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and TDIU have been dismissed due to the grant of service connection for aortic aneurysm in September 2020. The claims for initial evaluations in excess of 10 percent for CAD prior to October 26, 2018, from October 26, 2018 to June 24, 2020, and service connection for OSA have been remanded.

The Board has remanded the claims for service connection for sleep apnea and diabetes mellitus, type II due to insufficient medical opinions regarding the relationship between these conditions and the Veteran's service-connected disabilities.

The Veteran's pseudofolliculitis barbae is currently rated at 10% and has been granted. The remaining issues have been remanded for further review.

The Board has dismissed the appeals for service connection for a lumbar spine disorder, headaches, an acquired psychiatric disorder, and sleep apnea due to the Veteran's death.

The Veteran's cervical spine and lumbosacral strain with degenerative arthritis disabilities have been restored to their previous ratings of 20 percent and 40 percent, respectively, effective April 3, 2013.

The Board denied the Veteran's claim for separate compensable disability ratings for his service-connected obstructive sleep apnea and asthma, finding that regulations explicitly preclude such separate ratings.

The Veteran's claims for increased ratings, service connection, and secondary service connection are remanded due to the need for additional medical examinations and opinions.

The Board has remanded the Veteran's claim for obstructive sleep apnea as it is unclear whether his condition had its onset during service or if it is related to his service-connected PTSD, bilateral hearing loss, and/or tinnitus. The VA examiner must provide a clear rationale for any opinions given.