Sleep apnea decisions — 2021

The Board has dismissed the appeals for service connection of sleep apnea, left knee disability, right knee disability, and low back disability due to the Veteran's death.

The Veteran's lumbar spine condition has not been manifested by forward flexion to 30 degrees or less, and therefore a rating in excess of 20 percent is denied.

The Board has decided to remand the case due to inadequate medical opinions and failure to consider certain evidence. The Veteran's OSA is being reviewed again for service connection.

The Veteran's claim for a higher rating of 50 percent for PTSD has been denied. The Board found that his symptoms, while significant, did not meet the criteria for a 70 percent or higher rating due to insufficient occupational and social impairment.

The Veteran's rosacea is rated at 10% and remanded for further development. The service connection claims for head injury, seizure disability, and cognitive disability are also remanded.

The Board denied an earlier effective date for a 20% rating for lumbosacral strain with intervertebral disc syndrome, and the Veteran's claims for service connection of right wrist tendonitis and genitourinary condition as secondary to his low back disability were not addressed due to insufficient medical evidence.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence linking his current condition to his military service.

The Veteran's claims for PTSD and sleep disturbance, including sleep apnea and hypersomnia, are being remanded due to incomplete stressor development and the need for additional medical opinions.

The Board denied an increased rating for rosacea and denied service connection for hypertension and a low back disorder. The Veteran's skin disability was rated at 10 percent, but the Board found no evidence of systemic therapy or systemic manifestations warranting a higher rating. For hypertension, the Board determined there was no in-service diagnosis and no current manifestation meeting VA criteria for hypertension. For the low back disorder, the Board found no service connection due to lack of continuity of symptomatology since service.

The Veteran's claims for service connection have been dismissed due to his death.

The Board has granted the Veteran's claim of service connection for sleep apnea as secondary to his service-connected PTSD. The issue of service connection for burn scars is being remanded.

The Board denied service connection for neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity as there was no evidence of a chronic disease noted in service or within one year after separation. The Veteran's symptoms began many years after his separation from service.,Service connection for OSA was denied due to lack of a VA examination.

The Veteran's service-connected disabilities, primarily his PTSD, have rendered him unable to secure and follow a substantially gainful occupation since September 22, 2015. The Board finds that entitlement to TDIU is warranted.

The Board has remanded the Veteran's claims for service connection for a stroke and obstructive sleep apnea, as secondary to his service-connected major depressive disorder and hypertension. The VA is required to provide addendum opinions addressing these issues.

The Veteran's claim for service connection for low back pain was reopened due to new evidence. Service connection is granted for a low back disability. The claims for sleep apnea and facial sunburn residuals are remanded.

The Veteran's low back disability, rated at 40 percent since November 1, 2012, has been granted an increased rating to 40 percent effective May 27, 2009 (excluding a period of temporary total convalescence rated at 100 percent from August 1, 2012, through October 31, 2012).

The Board has remanded the cases for additional development due to incomplete records and inadequate opinions regarding service connection for GERD and obstructive sleep apnea.

The Board has granted service connection for obstructive sleep apnea, but the case is remanded for further examination and opinion regarding bilateral eye problems.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and a skin disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Board denied service connection for various conditions, including OSA, Chiari I malformation with cervical syrinx, cervical DDD, bilateral knee disabilities, right elbow disability, right carpal tunnel syndrome, left wrist disability, and bilateral shoulder disabilities. The decision found that the Veteran's current diagnoses were not incurred in service or related to his service-connected bronchial asthma.