Sleep apnea decisions — 2021

The Veteran's claims for increased ratings and service connection have been withdrawn. The Board has dismissed the issues related to right arm tendonitis, left subacromial subdeltoid bursitis, and left shoulder service connection as they were not on appeal. The remaining claims of entitlement to increased ratings for bilateral plantar fasciitis, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and lumbosacral strain are being remanded for further development.

The Board has determined that the Veteran's sleep apnea is not related to service or any service-connected disability, and thus denied his claim for service connection.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a current disability and that it is not related to his active service or any service-connected conditions.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected traumatic brain injury, but more evidence is needed to determine if this relationship exists.

The Veteran's seizure disorder has been rated at 100% since December 7, 2019. The RO is directed to provide a new VA examination and medical opinion regarding the frequency of his seizures prior to that date.,The claims for service connection for OSA and hypertension are remanded due to inadequate medical opinions provided in the previous rating decision.

The Veteran's left foot disability is not service-connected due to lack of a current diagnosis.,Service connection for an acquired psychiatric disability, including PTSD, major depressive disorder, anxiety disorder, affective disorder, and polysubstance dependence, is denied as there is no in-service event or injury related to these conditions.,Obstructive sleep apnea was not service-connected due to lack of a current diagnosis.,Residuals of traumatic brain injury were not service-connected due to lack of an in-service event.

The Veteran's claims for increased ratings for his service-connected degenerative changes, lumbosacral spine and radiculopathy are being remanded due to the need for a new VA examination.

The Veteran's sinusitis is rated at 50% since July 24, 2018. The effective date for this rating has been set to July 24, 2018. However, the Veteran's claim for TDIU remains denied.

The Board has decided to remand the case due to inadequacies in previous examinations and opinions, particularly regarding whether the Veteran's low back disability had its onset during service or is otherwise related to service.

The Board has decided to remand the cases for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and addressing the etiology of the Veteran's sleep apnea.

The Veteran's chronic lumbosacral strain with slight DDD was rated at 40% prior to September 17, 2013, and in excess of 40% thereafter. The rating is denied as the evidence did not show findings consistent with any criteria for a higher rating.

The Veteran's right ear hearing loss is rated at zero percent, as the average puretone threshold in both ears is within Level I.,The Veteran’s DDD of the lumbosacral spine is currently rated at 40 percent. The examiner found forward flexion limited to 15 degrees and no ankylosis.,The Veteran's RLE radiculopathy involving sciatic nerve is currently rated at 20 percent, based on moderate incomplete paralysis.

The Board has remanded the cases of service connection for an abnormal mitral valve, a right shoulder disability, and sleep apnea due to new evidence added to the claims file after previous decisions.

The Board has remanded the Veteran's claims for service connection for neck disability, left shoulder disability, disabilities of the left upper and lower extremities, and obstructive sleep apnea (OSA) due to incomplete medical records. The AOJ is instructed to obtain any missing VA or private treatment records and provide the Veteran with the opportunity to waive restrictions on obtaining such records.

The Board has determined that the Veteran's service connection claims for obstructive sleep apnea, peripheral neuropathy of the right and left lower extremities, and TDIU are remanded due to inadequate opinions regarding secondary service connection.

The Veteran's depression, rated at 70% since October 13, 2011, has been granted TDIU as of July 31, 2013.,Prior to July 31, 2013, the Veteran’s lumbosacral strain with degenerative changes was rated at 40%, and combined with other disabilities, reached a maximum rating of 60%.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not shown in service and is not etiologically related to service or a service-connected disability.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment, as his conditions are not severe enough to prevent him from working.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a nexus between his in-service sleep problems and his current diagnosed condition.

The Board has determined that additional records are needed to fully and fairly consider the Veteran's claims for service connection. The issues of lumbar spine disability, obstructive sleep apnea (OSA), bilateral peripheral neuropathy of the lower extremities, glaucoma, gastroesophageal reflux disease (GERD), vasectomy, and post-traumatic stress disorder (PTSD) are being remanded to obtain additional records.