Sleep apnea decisions — 2021

The Veteran's obstructive sleep apnea is considered to have started during service and is related to his service-connected PTSD, thus service connection for this condition is granted.

The Veteran's appeals for service connection for allergies, sleep apnea, and a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's withdrawal of these claims. The appeal regarding a disability rating in excess of 40 percent for lumbar strain with degenerative arthritis and intervertebral disc syndrome has also been dismissed.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his service-connected disabilities, as well as their relationship to service. The issues include bilateral hearing loss, OSA, degenerative arthritis of the knees, lumbosacral spine, and cervical spine.

The Board has remanded the cases for further development and an addendum medical opinion to determine if the Veteran's service-connected lumbar spine disability warrants a higher rating.

The Board has granted service connection for sleep apnea and headaches, finding that both conditions are proximately due to or the result of the Veteran's service-connected psychiatric disorders (PTSD and DMII).

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD with unspecified depressive disorder.

The Board has remanded the cases due to inadequate compliance with prior remands. The issues of service connection for OSA and TDIU are being remanded as they are inextricably intertwined.

The Veteran's claim for a higher rating prior to October 4, 2018 was denied. The Board found that an increased rating of 50 percent is warranted from April 15, 2018.,An initial 30 percent rating remains in effect prior to April 15, 2018.

The Veteran's appeals for service connection for anemia, sleep apnea, and hypothyroidism have been dismissed due to the Veteran requesting withdrawals of her appeals.,Her right foot strain was rated noncompensable prior to June 6, 2011. From that date, she received a separate 10% rating for arthritis in her right foot. The Board denied a higher rating from July 23, 2014 to January 9, 2020 and granted a 50% rating starting from January 9, 2020.

The Board denied the Veteran's claim of service connection for a sleep disorder, finding that it is not related to his in-service period or caused by his service-connected disabilities.

The Board has remanded the claims for service connection due to incomplete records and a need to verify the Veteran's National Guard service.

The Board has remanded the claim of service connection for obstructive sleep apnea due to a duty to assist error, specifically not having obtained an opinion on whether PTSD aggravates the Veteran's sleep apnea.

The Veteran's appeals were dismissed as moot due to improper forms and untimely filings.

The Veteran's Parkinson's disease with major neurocognitive disorder, along with other service-connected conditions, has resulted in a 70 percent rating effective February 19, 2019. The Board also granted entitlement to TDIU based on the combined effect of his disabilities.

The Board has granted service connection for a lower back disability and denied service connection for OSA, PTSD, and emphysema. The lower back disability is found to be related to service due to documented in-service treatment and current diagnosis.

The Board has determined that new evidence received since the November 2011 rating decision warrants readjudication of the claim for service connection for fatigue as secondary to service-connected COPD with obstructive sleep apnea. The Veteran's current evaluation for COPD remains at 60 percent, and the criteria do not support an increased evaluation.

The Veteran's appeals for an increased disability rating and TDIU have been dismissed as he has withdrawn the appeal.

The Board has decided that the VA examiner's opinions regarding the cause and aggravation of the Veteran's OSA are inadequate, and thus remanded for further examination.

The Board has remanded three issues: service connection for sleep apnea, to include as secondary to service-connected disability; service connection for a left hand disability, to include disability of the thumb; and initial ratings for sinusitis, allergic rhinitis, and COPD. The Veteran needs additional examinations to determine the nature and etiology of these conditions.

The Board has determined that the Veteran does not meet the criteria for service connection for Chronic Fatigue Syndrome (CFS) and Obstructive Sleep Apnea (OSA). The evidence does not support a finding of in-service incurrence or aggravation, nor is there continuity of symptomatology since service. The VA examiners found no evidence to support a diagnosis of CFS and noted that the Veteran's fatigue symptoms were more likely related to his pre-existing conditions such as OSA.