Sleep apnea decisions — 2021

Your appeal for service connection for sleep apnea has been dismissed because it is a duplicate of another pending appeal.

The Board has determined that there are errors in the decision-making process and requires additional evidence to be obtained before a final determination can be made regarding the Veteran's claim for service connection of sleep apnea.

The Board has determined that the Veteran's right total hip arthroplasty was at least in part due to his service-connected right hip strain disability, and thus grants a temporary total disability rating for this period.

The Veteran's claim for an earlier effective date for the award of service connection for obstructive sleep apnea was denied as there was no prior unadjudicated claim for this condition.

The Veteran's TDIU claim from prior to October 24, 2017 was denied as his service-connected disabilities did not render him unemployable.,A TDIU rating was granted starting July 1, 2020 due to the combined effect of multiple service-connected conditions.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to insufficient information in a previous medical opinion. The case is now back with VA for further development and consideration.

The Board denied service connection for a cervical spine disorder, right knee disorder, and left knee disorder. The Veteran's current conditions are not shown to be related to his military service.,The Board also denied service connection for hypertension and obstructive sleep apnea. There is no evidence of these conditions during or within one year after the Veteran's separation from service.

The Board denied service connection for obstructive sleep apnea and bilateral lower extremity peripheral vascular disease, both claimed as secondary to the Veteran's service-connected coronary artery disease.

The Board has remanded the case for further development due to additional evidence received since the January 2021 Supplemental Statement of the Case.

The Veteran's appeal was denied as his request for a DRO hearing was not timely filed, and thus the appeal is dismissed.

The Board denied the Veteran's claim for service connection for sleep apnea syndrome, finding that there is no evidence linking her current condition to her military service or any service-connected conditions. The examiner concluded that her OSA was not caused by or aggravated by her service-connected HTN, CAD, and/or MDD.

The Veteran is granted a TDIU from September 23, 2019 to January 28, 2021. The Board also referred the issue of entitlement to a TDIU prior to September 23, 2019 on an extraschedular basis for consideration by the Director of Compensation Service.

The appeal to reconsider the claims of service connection for tendonitis of the right hip, bilateral ankles, right wrist, and thumbs is granted.,The appeal to reconsider the claim of service connection for headaches is granted.,The appeal to reconsider the claim of service connection for chest pain (claimed as chest pain and hypertension) is granted.,The appeal to reconsider the claim of service connection for frequent urination (claimed as an enlarged prostate) is granted.,The appeal to reconsider the claim of service connection for sleep apnea is granted.

The Veteran's claims for bilateral hearing loss, tinnitus, an ear disorder (Meniere's syndrome), and an acquired psychiatric disorder (anxiety disorder, major depressive disorder, and bulimia nervosa) have been denied as there is no evidence of a current disability related to service.,There are no medical records showing the Veteran developed any of these conditions during his active service or within one year after separation from service.

The Veteran's claim for a higher rating for chronic lumbosacral strain was denied, and the Board found that his disability did not meet the criteria for a higher rating under the applicable diagnostic code. The issue of entitlement to TDIU due to service-connected disability was also denied.

The Veteran's lumbosacral strain with degenerative disc disease and scoliosis has not been manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, so a higher rating is denied.

The Veteran's claim for service connection for disability manifested by widespread joint and muscle pain (other than chronic lumbar strain with degenerative joint disease, left knee degenerative joint disease, and right wrist strain) has been granted.,Service connection has also been established for insomnia secondary to service-connected sleep apnea. The Veteran's fatigue is being remanded for further examination.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Board has remanded the cases for further development due to lack of substantial compliance with previous remand directives and insufficient consideration of the Veteran's lay statements.

The Board has reopened the claims of service connection for diabetes mellitus and hypertension as secondary to diabetes mellitus, but denied all other service connection claims due to lack of in-service injury or disease.