Sleep apnea decisions — 2021

The Board has remanded the claim of service connection for a lumbosacral strain (claimed as low back disability) due to insufficient evidence in the VA examination report.

The Veteran's claim for an increased rating for his low back disability was dismissed. His earlier effective date claim based on CUE in a June 2008 decision was granted, with the effective date set at October 18, 2007. The issues of service connection for right elbow and right knee disabilities were remanded.

The Veteran's service-connected disabilities, including other trauma and stressor related disorder, lumbar intervertebral disc syndrome, degenerative disc disease, degenerative arthritis, lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, tinnitus, bilateral pes planus, bilateral hearing loss, dermatitis of the neck, and erectile dysfunction, have rendered him unable to secure or follow substantially gainful employment since September 17, 2016. The Veteran's combined service-connected rating was 80 percent at that time. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established as of September 17, 2016.

The Board has denied service connection for obstructive sleep apnea, posttraumatic stress disorder, and alcohol use disorder as there is no competent evidence of a current disability or a link to service.

The Board has dismissed the Veteran's claims for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine and for a total disability rating based on individual unemployability (TDIU) for the period prior to November 9, 2018. The Veteran withdrew his appeals.

The Veteran's effective date for the increased rating of 40 percent assigned to his back disability and for the separate evaluations assigned to his bilateral lower extremity radiculopathy is set at November 16, 2017.

The Board has remanded the case due to a duty to assist error, specifically regarding opinions on whether the Veteran's sleep apnea was caused by his service-connected disabilities. The case is now remanded for additional medical opinions.

The Board has remanded the case for further development and opinion regarding whether the Veteran's sleep apnea is related to service, including asbestos exposure, and if his service-connected COPD has caused or aggravated his sleep apnea.

The Board has determined that further development is necessary for the following claims: whether new and material evidence has been received to reopen a claim of service connection for a sleep disability, entitlement to service connection for a right shoulder disability, entitlement to a disability rating in excess of 20 percent for lumbosacral myositis and lumbar disc degeneration, entitlement to a compensable rating for gastroesophageal reflux disease (GERD), and entitlement to a rating in excess of 10 percent for left knee tendonitis. The claims are being remanded due to the need for additional medical examinations and development.

The Board has remanded the claims of service connection for obstructive sleep apnea, type II diabetes mellitus, and neuropathy of the bilateral lower extremities due to outstanding medical records and potential herbicide agent exposure.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea as secondary to PTSD and on a direct basis, finding no evidence of a causal relationship between his current condition and his active duty service.

The Board denied service connection for an acquired psychiatric disability, claimed as PTSD, hypertension, obstructive sleep apnea, migraine headaches, and diabetes mellitus, type II. The Veteran's reported stressors were not verified, and there was no medical evidence linking his current conditions to service.,Service connection was also denied for right upper extremity peripheral neuropathy (diagnosed as diabetic neuropathy), left upper extremity peripheral neuropathy (diagnosed as diabetic neuropathy), right lower extremity peripheral neuropathy (diagnosed as diabetic neuropathy), and left lower extremity peripheral neuropathy (diagnosed as diabetic neuropathy).

The Veteran's OSA was granted as secondary to his service-connected disabilities, including weight gain from other service-connected conditions. His migraine headaches prior to November 18, 2016, were also granted a 50% rating based on very frequent completely prostrating and prolonged attacks.

The Veteran's claim of entitlement to service connection for sleep apnea is granted, as the evidence shows that his current condition was incurred during service.

The Board has decided to remand the case due to the need for a new VA examination and opinion regarding the relationship between the Veteran's service-connected acquired psychiatric disorder and his claimed sleep apnea.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate reasons and bases in the March 2012 VA examination, as well as issues raised by the record regarding his employment.

The Board has decided to remand the case due to non-compliance with previous directives and to obtain a new opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD.

The Board has remanded the claims for service connection for various conditions, including sleep apnea and mouth lesion. The right knee and left knee disabilities are denied as there is insufficient evidence to establish a nexus with service. The Veteran's sleep apnea claim is also remanded due to inadequate medical opinion regarding its relationship to PTSD or TBI. The Veteran's mouth lesion claim is remanded for consideration of the 2004 service treatment record. The right hand middle finger, ring finger, and pinky finger disabilities are also remanded.

The Veteran's claims for service connection have been reopened and are now pending before the Board. The VA will provide further examinations to determine if he has current diagnoses of these conditions, which may be related to his active duty service.

The Veteran's obstructive sleep apnea had its onset in service and the Board finds sufficient evidence to grant the claim for service connection.