Sleep apnea decisions — 2021

The Veteran's service-connected disabilities did not result in functional impairment sufficient to prevent substantially gainful employment prior to July 7, 2017.

The Board has remanded the claims for refractive disorder, left ankle condition, bilateral shin splints, weight disorder, sleep disorder (including sleep apnea), hypertension, and acquired psychiatric disorder due to incomplete VA treatment records. The Veteran's full name and all aliases must be used in the search for these records.

The Board has determined that the issues of service connection for bilateral hearing loss, left knee degenerative arthritis, and right knee degenerative arthritis need to be remanded due to inadequate VA examination.

The Veteran's claim for a compensable rating for obstructive sleep apnea and a rating in excess of 10 percent for right knee strain has been denied. The Board found that the Veteran's baseline pre-aggravation level of severity was 50 percent, which must be deducted from any rating assigned due to his service-connected sinusitis. As such, he does not meet the criteria for a compensable rating for sleep apnea and a rating in excess of 10 percent for right knee strain.

The Board has decided to remand the cases due to new evidence being added and requires further review by the AOJ.

The Veteran's initial rating for lumbosacral strain, degenerative arthritis, and intervertebral disc disease of the lumbar spine from June 10, 1992 to September 28, 2006 has been granted at a 10 percent disability rate.

The Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD with major depressive disorder, and the claim for this condition has been granted.,The Veteran's headache disorder is caused and/or aggravated by his service-connected PTSD with major depressive disorder and obstructive sleep apnea, and the claim for this condition has also been granted.

The Veteran's claim for a higher rating for migraines was granted, effective from November 20, 2017. Service connection for OSA and hypertension was also granted.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD.

The Board has dismissed the appeals for entitlement to a disability evaluation in excess of 20 percent for residuals of right femur fracture and entitlement to a disability evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD). The appeal for an initial disability evaluation in excess of 10 percent for osteoarthritis of left knee is REMANDED.

The Board denied service connection for sleep apnea, finding that the preponderance of evidence did not support a link between the Veteran's in-service snoring and his current diagnosis of sleep apnea.

Your service connection claims for obstructive sleep apnea and asthma have been granted, but the Board is dismissing your appeal as there are no longer any issues to decide.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's obstructive sleep apnea and his obesity, which may be related to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for various conditions, including diabetes mellitus and hypertension, due to herbicide exposure. Additional development is required to determine if the Veteran served in Vietnam and to obtain medical records.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis from December 1, 2012 to July 11, 2013. The claim for TDIU prior to December 1, 2012 is denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no current diagnosis of sleep apnea and no evidence linking it to his service-connected left septum deviation.

The Board has decided to remand the case due to a duty to assist error, specifically regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD.

The Board has determined that the Veteran's claims for service connection for DM, polymyalgia, and sleep apnea must be denied as there is no evidence of in-service disease or injury. The claims for left hip disability and right hip disability are remanded due to a lack of medical evidence showing current disabilities during the appeal period. The claim for service connection for left shoulder rotator cuff tear is also remanded for further development.

The Veteran's OSA is being remanded for further development to determine if it is aggravated by his service-connected disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence linking his current condition to military service.