Sleep apnea decisions — 2021

The Veteran's Type II diabetes mellitus is granted as service connected. The Board remanded the issues of service connection for recurrent lumbosacral spine disability, recurrent right shoulder disability, and bilateral hearing loss due to lack of adequate medical evidence.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is no evidence to support a link between his current condition and active duty.

The Board denied a rating in excess of 20 percent for the appellant's service-connected lumbosacral strain, finding that his symptoms did not meet the criteria for a higher rating based on limitation of motion or other disability factors.

The Veteran's claims for service connection and increased rating for hearing loss, sleep apnea, and peripheral neuropathy were denied. The Board found that the evidence did not support a compensable initial disability rating for bilateral hearing loss prior to May 15, 2018, or in excess of 10 percent thereafter. Service connection was also denied for obstructive sleep apnea as secondary to PTSD, and for peripheral neuropathy due to herbicide exposure.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a neck disability, to include degenerative disc disease, due to inadequate analysis of the lay evidence regarding the onset and continuity of symptoms.

The Board has ordered the RO to obtain additional service records and provide an addendum opinion regarding the etiology of the respiratory disorder, obstructive sleep apnea, heart disorder, hypertension, and hypothyroid disorder. The issues have been remanded for these purposes.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there is no evidence to support a relationship between his condition and service or any service-connected disability.

The Veteran's appeal for increased ratings and TDIU was denied. The decision also granted SMC at the housebound rate prior to August 6, 2010.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current condition to active duty service or exposure to herbicide agents.

The Veteran's service-connected PTSD and other disabilities have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from February 13, 2018. Additionally, his single service-connected disability rated at 100 percent (PTSD) combined with additional disabilities independently ratable at 60 percent or more qualify him for SMC under specific VA regulations.

The Veteran was unable to secure or follow a substantially gainful occupation prior to May 1, 2007 due to his service-connected disabilities. The Board denied the claim for TDIU as there was no evidence showing that the Veteran's service-connected disabilities prevented him from securing and following any substantially gainful employment.

The Board has remanded the claims for service connection due to missing service medical records and the need for additional examinations. The Veteran's reported symptoms during and since service are being evaluated, as well as any aggravation of his disabilities.

The Board has remanded the case due to inconsistencies in medical opinions and need for additional development.

The Veteran's lumbosacral strain was granted a 40 percent evaluation from August 3, 2010 to February 24, 2014. His left and right knee disabilities were denied increased ratings.

The Veteran's lumbosacral spine disability was granted a 40 percent rating from April 2, 2013 to August 2, 2020. The Veteran is not entitled to higher ratings for his lumbosacral spine disability during this period.

The Veteran's OSA is not caused by, aggravated by, or otherwise related to his service-connected PTSD. The Board denied the claim for service connection.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea, left and right ankle disabilities. The claims are now pending for further development.

The Board denied the Veteran's claim for service connection of his spine condition as secondary to his left foot condition due to lack of competent medical evidence.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, has been reopened. The Board is remanding this issue due to the need to corroborate in-service stressors.,The Veteran's claim for service connection for sleep apnea has been reopened. The Board is also remanding this issue as it is inextricably intertwined with the issues of service connection for an acquired psychiatric disorder and hypertension.,The Veteran's claim for service connection for hypertension has been reopened. The Board is also remanding this issue as it is inextricably intertwined with the issues of service connection for an acquired psychiatric disorder, sleep apnea, and diabetes mellitus.,The Veteran's claim for service connection for diabetes mellitus type II has been reopened. The Board is also remanding this issue as it is inextricably intertwined with the issues of service connection for an acquired psychiatric disorder, sleep apnea, and hypertension.,The Veteran's claim for service connection for erectile dysfunction has been reopened. The Board is also remanding this issue as it is inextricably intertwined with the issues of service connection for an acquired psychiatric disorder, sleep apnea, diabetes mellitus, and left arm disability.,The Veteran's claim for service connection for a left arm disability has been reopened. The Board is also remanding this issue as it is inextricably intertwined with the issues of service connection for an acquired psychiatric disorder, sleep apnea, hypertension, diabetes mellitus, and erectile dysfunction.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under applicable VA rating criteria.