Sleep apnea decisions — 2021

The Veteran's appeals for increased ratings for persistent depressive disorder, lumbar spine condition, and bilateral lower extremity radiculopathy were dismissed as the Veteran withdrew her claims under the modernized review system.

The Veteran's SMC (r)(2) benefits for need of aid and attendance are granted, effective March 31, 2015. The RO failed to apply the correct rate due to a LCR error in applying asbestosis and coronary artery disease.

Service connection is granted for left knee arthritis and obstructive sleep apnea as secondary to service-connected acquired psychiatric and musculoskeletal disabilities. Service connection remains denied for bilateral foot disability (pes planus).,The Veteran's left knee arthritis was diagnosed within one year of separation from active duty, meeting presumptive criteria. His obstructive sleep apnea is found to be related to his service-connected psychiatric and musculoskeletal conditions.

The Veteran's appeal for service connection for sleep apnea is dismissed because the AOJ did not have jurisdiction to issue a decision on his claim, as it was already pending before the Board.

The Veteran's PTSD, right eye disorder, and lumbar spine disability were denied. The claim for a TDIU was granted.

The Board has decided to remand the case due to insufficient consideration of a theory related to obesity and service-connected disabilities, which may affect caloric intake and sleep apnea.

The Board has decided to remand the case due to a pre-decisional error in not obtaining a direct service connection opinion, and the Veteran's statement that he had trouble sleeping since service.

The Board has remanded the claims of service connection for a right wrist nerve and fingers/forearm disability, chronic headaches, lumbosacral strain, prostate disability, sinusitis, and allergic rhinitis due to outstanding VA treatment records not being associated with the claims file.

The Veteran's claim for service connection for PTSD was granted. The rating for his chronic lumbosacral strain was reduced from 20% to 10%, but the Board found this reduction improper and restored the original 20% rating.

The Board has remanded the Veteran's claims of service connection for deviated nasal septum and obstructive sleep apnea due to additional development being necessary.

The Board has dismissed the claim for service connection for obstructive sleep apnea as there remains no justiciable case or controversy. The Veteran's asthma and pulmonary hypertension are currently rated at 50 percent, but a higher rating is not warranted.

The Veteran's initial claim for higher ratings for his service-connected lumbosacral strain, migraine headaches, left knee patellofemoral pain syndrome, and radiculopathy of sciatic nerve was denied. The Veteran is currently rated at 20 percent for lumbosacral strain prior to January 27, 2020 and at 40 percent thereafter.,The Veteran's initial claim for a higher rating for his service-connected migraine headaches was granted with an initial 50 percent rating from January 3, 2013. The Veteran is currently rated at 50 percent for this condition.

The Veteran's claims for increased ratings for his service-connected lumbosacral spine, left and right lower extremity radiculopathies are being remanded due to the need for further development.,No effective date is assigned as the preponderance of the evidence does not support an earlier diagnosis.

The Veteran's appeal for a rating in excess of 30 percent for irritable bowel syndrome and GERD was dismissed due to withdrawal by the Veteran.,The Veteran's petition to reopen claims for service connection for PTSD and depression was granted, as new and material evidence had been submitted since the October 2012 final rating decision.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected unspecified anxiety disorder, finding that the weight gain and obesity resulting from his anxiety disorder contributed to his development of sleep apnea.

The Board has determined that the VA opinions obtained in August 2021 were inadequate and remanded for additional development. The claims are now being returned to the AOJ for further action.

The Veteran's TDIU claim is denied because his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, including obstructive sleep apnea, left and right upper extremity carpal tunnel syndrome, lumbar spine condition, bilateral lower extremity radiculopathy, and dysfunctional bleeding, have rendered her unable to secure or follow substantially gainful employment.,VA has not provided a medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The examiner should determine whether it is at least as likely as not that the Veteran's obstructive sleep apnea is related to her military service, caused by her acquired psychiatric disorder, or aggravated by her service-connected acquired psychiatric disorder.

The Veteran's service-connected depressive disorder and obstructive sleep apnea are found to have contributed materially and substantially to his death.,The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the Veteran's death was not due to willful misconduct, but it meets one of the criteria (service-connected disability) for entitlement to DIC.

The Board has denied the Veteran's claims for service connection for a back disorder and obstructive sleep apnea (OSA) as there is no evidence of these conditions during or immediately following service, and the preponderance of the evidence indicates they are not related to service.