Sleep apnea decisions — 2021

The Board has remanded the claim of entitlement to service connection for sleep apnea due to insufficient medical opinions regarding its cause and aggravation by service-connected conditions.

The Board has dismissed all issues of service connection due to the Veteran's death.

The Board has denied service connection for obesity but has remanded the issue of service connection for obstructive sleep apnea (OSA). The Veteran's obesity is not a disease or injury that can be granted on its own, but it may be an intermittent step between a service-connected disability and a current disability. Service connection for OSA will be remanded to obtain an opinion regarding whether the condition is related to the Veteran's military service.

The Veteran's back disability is rated at 40 percent, the maximum schedular rating available. The TDIU claim is granted.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to PTSD, should be remanded due to insufficient evidence.

The Board has ordered a remand to address whether the Veteran's sleep apnea was aggravated during his active duty service from January 2012 to February 2014, and if it is at least as likely as not related to his service-connected PTSD.

The Board has remanded the case for a new VA examination to determine if the Veteran's back disability is related to his service-connected panic disorder. The heart murmur and sleep apnea claims are still pending.

The Veteran's claims for increased ratings for left and right total knee replacements were denied as the clinical evidence did not reflect severe painful motion or weakness in the affected extremities.,The Veteran's claim for an increased rating for lumbosacral strain prior to October 9, 2012 was denied because the medical evidence did not show forward flexion of less than 30 degrees or unfavorable ankylosis.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, asthma (to include as secondary to OSA), and hypothyroidism with morbid obesity. The Board found that there was no evidence linking these conditions to service or service-connected disabilities.,The decision also noted that the Veteran did not have a diagnosis of asthma during service and his current asthma is believed to be related to post-service factors.

The Board has remanded the Veteran's appeal for further development, including obtaining VA treatment records and scheduling examinations to assess his lumbar spine disorder and right and left lower extremity radiculopathy. The issues of an initial rating of more than 40 percent for chronic lumbosacral strain with IVDS and spinal stenosis, entitlement to TDIU since November 25, 2015, entitlement to SMC based on the need for regular aid and attendance, and entitlement to SMC under 38 U.S.C. § 1114(s) are all remanded.

The Board denied service connection for left shoulder, right shoulder, and nausea disabilities due to lack of current diagnoses and no evidence linking these conditions to service.

The Veteran's sleep apnea is being remanded for a VA medical opinion to determine if it is related to service and/or caused by his service-connected PTSD.

The Board has found that the VA thoracolumbar spine examination conducted in October 2019 is inadequate and requires clarification. The Veteran's claim for a higher rating for his service-connected IVDS of the lumbosacral spine with neuropathy will be remanded to allow for further development.

The Board has granted the Veteran's claim for service connection for COPD, finding that his current lung condition is related to his military service. The decision also found that there is at least equipoise evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service.

The Veteran's claim for higher ratings for her service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a new VA examination.

The Veteran's service connection claims for hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea have been granted. The TDIU claim prior to April 5, 2012, is remanded.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. Service connection for diabetes mellitus was denied.

The Board has remanded the Veteran's claims for service connection due to incomplete findings and recent assertions regarding his OSA, skin rash of the elbows, and TDIU. Additional development is needed including obtaining updated VA treatment records, a VA medical opinion on OSA etiology, and a VA medical examination to clarify the nature and etiology of the Veteran’s claimed skin disorder.

The Board has granted service connection for obstructive sleep apnea, finding that it was at least as likely as not aggravated by the Veteran's service-connected asbestos pleural plaques.

The Veteran's sleep apnea is found to have started during his active duty service and the Board grants service connection for this condition.