Sleep apnea decisions — 2021

The Veteran is granted TDIU effective June 5, 2014. The Board also referred the case for extraschedular consideration and instructed the RO to obtain the Veteran's employment history from December 1, 2005, through June 5, 2014.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD. The decision is based on evidence that suggests medications taken for PTSD may have aggravated the Veteran's obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for right knee disorder as secondary to his service-connected left knee strain. The issue of service connection for obstructive sleep apnea is remanded due to insufficient medical opinion regarding its relationship to the service-connected conditions.

The Veteran's initial staged ratings for lumbosacral strain with degenerative disc disease and lower extremity radiculopathy were denied. The case was remanded due to issues related to service connection.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that the evidence did not support a link between his current diagnosis and in-service events or conditions.

The Board has granted service connection for an acquired psychiatric disorder (major depressive disorder) and sleep apnea. The appeal regarding entitlement to a total rating for compensation purposes based on individual unemployability due to service-connected disabilities is remanded.

The Board has remanded the claims for service connection due to insufficient examination and opinion regarding the Veteran's conditions, particularly his PAN. The issues are inextricably intertwined with the issue of service connection for PAN.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD may have aggravated his claimed obstructive sleep apnea.

The Veteran's lumbosacral strain is rated at 10 percent, and his right leg shin splint is also rated at 10 percent. The decision grants the requested rating for right leg shin splint but denies a higher rating for lumbosacral strain.

The Veteran's service connection claim for obstructive sleep apnea is granted, while his heart disease claim is denied.

The Board has remanded the case due to insufficient consideration of whether the Veteran's OSA is related to his in-service tonsillitis and/or tonsillectomy, as well as lay contentions that symptoms began during service. The RO must ensure all outstanding VA treatment records are associated with the claims file and consider a Persian Gulf War examination for an undiagnosed sleep disturbance disorder.

The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral strain is being remanded due to the need for additional examination and development.

The Board has remanded the cases of sleep apnea and arthritis of the spine for further development due to incomplete examination reports.

The Board has granted service connection for tinnitus and has remanded the issues of service connection for bilateral hearing loss, OSA, and Afib.

The Board has remanded the cases for additional development due to insufficient opinions regarding the relationship between the Veteran's service-connected disabilities and his claimed conditions, specifically sleep apnea, COPD, and chronic fatigue syndrome.

The Board has remanded the claims for sleep apnea, bilateral visual disability, left lower extremity radiculopathy, and a psychiatric disability due to potential errors in the examination reports and the need for additional medical records.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea, including obesity.

The Board has remanded the Veteran's claims for service connection for a right shoulder disorder and sleep apnea due to inadequate examination reports and missing medical records. The Veteran needs an addendum opinion regarding his pre-existing right shoulder injury.

The Veteran's claim for service connection for obstructive sleep apnea was reopened due to new and material evidence. The Board has now granted the claim, finding that his current OSA had its onset during active duty service.