Sleep apnea decisions — 2021

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to service-connected cervical spine fusion or an acquired psychiatric disorder, should be remanded due to insufficient rationale in the previous VA opinion and new evidence provided by the Veteran’s representative.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA is related to his military service, specifically in-service environmental exposures like burn pits. The case will be returned for further development and an addendum opinion from a VA examiner.

The Veteran's right foot condition, post-bunionectomy, is granted a 10% rating. The initial compensable rating for acne rosacea of the face and back remains denied.

The Board has remanded the Veteran's claims for fibromyalgia, vertigo, obstructive sleep apnea, ovarian cysts, lymphadenopathy, and lumbar spine disorder with radiculopathy due to outstanding VA and private medical records. The Veteran is also being asked to undergo a new VA examination to determine the etiology of her right knee disability and for opinions on whether any service-connected disabilities have aggravated or caused her lumbar spine disorder.

The Veteran's bilateral plantar fasciitis is granted as service-connected.,His hypertension does not warrant a compensable initial disability evaluation.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance or housebound status, as his service-connected disabilities do not render him in need of such benefits. The Board also noted that the Veteran has been awarded total disability rating due to individual unemployability (TDIU), solely due to PTSD.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he died during the pendency of the appeal.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his active duty service or a service-connected condition.

The Board denied service connection for chronic headaches and obstructive sleep apnea as secondary to the Veteran's service-connected tinnitus.

The Board has determined that a remand is necessary to obtain updated medical records and conduct a new VA examination for the Veteran's service-connected spinal fusion, L-5 to sacrum with transitional lumbosacral vertebrae.

The Veteran's claims for service connection for obstructive sleep apnea and migraine headaches have been remanded due to the need for additional medical opinions addressing the relationship between her disabilities and her service-connected conditions.

The Board dismissed the Veteran's appeals for various service connection and rating issues, including those related to sleep apnea, hypertension, hyperthyroidism, right knee patellofemoral syndrome, bilateral shin splints, right forearm condition (elbow limitation of flexion), right wrist sprain, migraine headaches, and sinusitis. The appeals were dismissed due to the Veteran's agreement with the RO's determinations on these issues.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for further examination.

The Veteran's claim for a rating in excess of 40 percent for his service-connected lumbar spine disability and his TDIU prior to June 21, 2012 were both denied.

The Veteran's lumbosacral strain with suspected spondylosis/interarticularis is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's appeal was denied as his claims for service connection were not supported by evidence showing a direct link to service, and the Board found no current diagnoses or established continuity of symptoms.

The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities are being remanded due to inadequate examinations conducted in October 2019. The new examinations must comply with the Board's previous directives regarding range of motion during flare-ups or repetitive use.

The Board has decided to remand the case due to inadequate VA examination and failure to address certain evidence.

The Veteran's claims for service connection are being remanded due to the need for additional development of his VA treatment records.

The Veteran's right knee disability is rated at 10 percent for the period prior to March 28, 2016 and in excess of 10 percent thereafter. The lumbar spine disability is rated at 20 percent beginning March 28, 2016. PTSD symptoms are rated as total occupational and social impairment since March 26, 2016. OSA severity results in the use of a breathing assistance device but does not meet criteria for higher ratings.