Sleep apnea decisions — 2021

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no probative evidence linking his OSA to his military service, including from exposure to burn pits in Southwest Asia or from his service-connected posttraumatic stress disorder (PTSD).

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

An effective date earlier than September 28, 2020, for the grant of service connection for PTSD is denied.,An initial rating higher than 50 percent for PTSD is denied.

The Board has denied service connection for Obstructive Sleep Apnea and remanded the cases of Left Knee Condition and Right Knee Condition due to insufficient evidence.

The Veteran's sleep apnea was not incurred in service and is not related to his service-connected residuals of a deviated septum repair. The Board denied the claim for service connection.

The Veteran's OSA is granted as secondary to his service-connected PTSD and bilateral plantar fasciitis. His asthma and bilateral plantar fasciitis are denied for increased ratings, with effective dates of May 26, 2004.

The Board has denied the Veteran's claim for a disability rating greater than 10 percent prior to April 27, 2018, and greater than 20 percent thereafter, for degenerative disc disease of the lumbosacral spine. The evidence shows that his disability is manifested by complaints of low back pain and full range of motion throughout the appeal period.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is related to his service-connected posttraumatic stress disorder (PTSD).

The Veteran's claims for service connection for OSA, gout, hypertension, spine condition, left ankle condition, and right ankle condition have all been denied. The Board found no evidence to support the Veteran's assertions that these conditions were incurred in or a result of his active-duty service.

The Board has remanded the Veteran's claims for service connection for carpal tunnel syndrome and sleep apnea due to insufficient evidence in some areas.

The Board has granted service connection for ischemic heart disease and obstructive sleep apnea, but has remanded the claims for a kidney disability, liver disability, and pituitary gland disability due to herbicide agent exposure.

The Board has remanded the cases for further examination and opinion regarding whether the Veteran's obstructive sleep apnea and bilateral foot fungus are related to service.

The Veteran's claims for increased ratings and a compensable rating for allergic rhinitis, lumbosacral spine disability, cervical spine disability, and fibromyalgia are being remanded due to the need for updated VA examinations.

The Board has remanded the claims for increased ratings and earlier effective dates for various service-connected disabilities, including arthritis of the lumbar spine, cervical spine disability, depressive disorder, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy. The case is also being remanded to consider an earlier effective date for TDIU.

The Board has dismissed the appeal for service connection for a psychiatric disorder, to include PTSD, other than MDD/unspecified depressive disorder. The appeals for higher ratings for lumbar strain with degenerative lumbar disc disease, radiculopathy of the right and left lower extremity, and bronchitis and sleep apnea have also been dismissed due to the Veteran's death.

The Board has remanded the case for a new VA medical opinion and examination to address whether the Veteran's sleep apnea is attributable to active service, including exposure to Gulf War hazards.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, qualifying for TDIU. The Veteran is not in need of regular aid and attendance due to his service-connected disabilities, thus SMC on the basis of aid and attendance is denied.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective June 24, 2021. The RO has remanded the issue of whether a higher rating for his lumbosacral strain is warranted prior to that date and since then.

The Veteran's claims for service connection and initial rating of his left lower extremity radiculopathy, as well as his TDIU claim based on his thoracolumbar spine disability, are being remanded due to the need for additional examinations and development.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is capable of sedentary employment despite his physical limitations.