Sleep apnea decisions — 2021

The Board has remanded multiple issues related to service connection and disability ratings, including headaches, obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and erectile dysfunction. The effective dates for TDIU have also been remanded.

The Veteran's thoracolumbar spine pain and obstructive sleep apnea have been granted service connection. The right ankle condition, PTSD, ear disability, and left knee pain claims are remanded for further development.

The Board has determined that the Veteran's obstructive sleep apnea originated during active service and grants service connection for this condition.

The Board has remanded the Veteran's claims of service connection for sleep apnea and TDIU due to PTSD. The decision on one issue would have a significant impact upon another, making them inextricably intertwined.

The Board has determined that further development is needed for the Veteran's claims of service connection for type II diabetes mellitus, peripheral neuropathy, bilateral ankle disorder, right knee disorder, and sleep apnea. The case will be remanded to obtain VA medical opinions on these issues.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, while the right lower extremity radiculopathy was rated at 10 percent prior to September 12, 2017, and 20 percent thereafter.

The Board has remanded all of the Veteran's claims due to new VA medical records being associated with his case and not reviewed by the AOJ. The Veteran was given a chance to respond, but did not do so.

The Board has remanded the Veteran's claims for an increased rating for Crohn's disease and service connection for sleep apnea as secondary to his service-connected Crohn's disease due to inconsistencies in the examination reports, potential malnutrition not addressed, and failure to consider certain treatment records. The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is also remanded.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to her service-connected allergic rhinitis and/or asthma. The VA must obtain an addendum opinion from a qualified ear, nose, and throat specialist on the etiology of the Veteran's obstructive sleep apnea.

The Veteran's claim for service connection for PTSD, OSA, and TDIU has been granted with effective dates of February 28, 2011. The issue of earlier effective date for the grant of a TDIU is remanded due to the grant of an earlier effective date for the grant of service connection for PTSD.

The Veteran's claims for service connection for fibromyalgia, hepatitis C, asthma, and rosacea have been reopened due to the submission of new and material evidence.,Service connection has been granted for fibromyalgia as a qualifying chronic disability under the provisions of 38 U.S.C. § 1117.

The Veteran's lumbar and cervical spine disabilities, as well as his left knee disability, were not shown to be related to service. The Board denied these claims due to lack of evidence of a chronic condition in service or continuity of symptomatology.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that the evidence did not support a link between the current condition and active service.

The Board dismissed the appeal for service connection of sleep apnea due to the appellant's request to withdraw the appeal prior to a decision.

The Board vacated part of its January 2020 decision regarding whether new and material evidence was received to reopen the claim for service connection for sleep apnea, as it was pending at that time.

The Board has determined that the Veteran's sleep apnea did not originate during his military service and is not related to any in-service injury, event or disease. The preponderance of evidence does not support a finding that the Veteran's sleep apnea was incurred during his service.

The Board has remanded the case due to insufficient consideration of whether the Veteran's sleep apnea is aggravated by his service-connected musculoskeletal disabilities and/or migraines, as well as a need for additional development regarding the Veteran's TDIU claim.

The Board has determined that additional development is needed to properly adjudicate the service connection claims for various disabilities, including left arm pain, right arm pain, right hip pain, left hip pain, right eye vision loss, bilateral hearing loss, bilateral tinnitus, sleep apnea, high cholesterol, high blood pressure, enlarged prostate, traumatic brain injury (TBI), let leg condition, right leg pain, anxiety condition, and left eye vision loss.

The Veteran's service-connected lumbosacral strain and left ankle lateral ligament laxity disabilities have been granted a compensable rating of 10 percent each.

Service connection is granted for bilateral hearing loss.,Service connection is granted for a lumbar spine disability.,Service connection is granted for posttraumatic stress disorder with alcohol abuse disorder.,The claim for service connection for right facial Bell's Palsy is remanded.,The claim for service connection for cervical spine disability is remanded.