Sleep apnea decisions — 2021

The Board has granted service connection for the Veteran's degenerative arthritis of the cervical spine, cervicogenic headaches, right upper extremity neuritis (claimed as radiculopathy), and obstructive sleep apnea, all secondary to his service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and thus grants entitlement to service connection for this condition. However, the low back disability was not found to be related to active duty service.

The Board denied service connection for sleep apnea, finding that the Veteran's current sleep apnea is not related to his active duty service and does not have a link to his service-connected cervical spine disability. The decision also noted conflicting opinions regarding obesity as a cause of sleep apnea.

The Board has remanded the claims for further development due to incomplete development and need for additional medical opinions.

The Board has granted readjudication of the claim for service connection for a back disability due to new evidence submitted by the Veteran. The claims for bilateral knee disabilities, bilateral flat feet, and obstructive sleep apnea are remanded as VA examinations are needed.

The Board has remanded the cases for further development and consideration due to insufficient evidence on service connection.

The Veteran's left ear hearing loss is granted as service connection.,The Veteran's right foot big toe condition and obstructive sleep apnea are both granted as service connection.,New evidence was submitted to reopen the claim for service connection of left ear hearing loss.

The Veteran's right elbow strain has been granted a 10 percent evaluation effective June 17, 2015. Service connection for obstructive sleep apnea and restless legs syndrome have also been established.

The Veteran's OSA and asthma are rated at 50 percent each, but the Board found that neither condition warrants a higher rating due to lack of evidence supporting more severe manifestations.

The Board denied service connection for a kidney disorder, finding no current diagnosis and noting that the Veteran's STRs were silent for any complaints or treatment related to this condition.,Service connection was also denied for obstructive sleep apnea. The Board found that there is credible evidence of an in-service event (snoring, choking, gagging, and vomiting in their sleep) and a current disability.

The Veteran's lumbosacral spine with DJD and radiation pain is rated at 40 percent. Separate ratings of 10 percent are granted for left and right sciatic radicular disabilities.

The Veteran's lumbosacral strain is rated at 40 percent since October 1, 2016. The Board found that the evidence does not indicate ankylosis or functional equivalent of ankylosis and denied associated neurological ratings.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated right lower extremity radiculopathy due to outstanding private treatment records not being obtained.

The Board has granted service connection for erectile dysfunction and remanded the issue of whether obstructive sleep apnea is aggravated by a service-connected psychiatric disability.

The appeal for service connection of sleep apnea has been withdrawn by the appellant, and thus the issue is dismissed.

The Board has remanded the Veteran's claims for increased evaluations and a compensable rating for bilateral hearing loss due to failure of the Veteran to report for scheduled VA examinations. The issues are now pending before the Board.

The Board has determined that there was no substantial compliance with the February 2019 remand directives and has therefore ordered further development for the claims of service connection for sleep apnea, headache disability, acquired psychiatric disorder, and right shoulder disability.

The Veteran's claim for a higher rating for Morton's neuroma of the right foot has been denied as the current rating adequately reflects his disability.,A compensable rating is granted for the painful scar on the right hand, with no greater than 10 percent assigned.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected PTSD, diabetes mellitus, and diabetic neuropathy.

The Board has granted service connection for back disability, OSA, and seborrheic dermatitis. The Veteran's initial rating of 10 percent for seborrheic dermatitis is also granted.