Sleep apnea decisions — 2021

The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss. The issue of service connection for obstructive sleep apnea was withdrawn by the Veteran.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his mobility issues are compensated by the assigned ratings for his disabilities.

The Veteran's right knee disorder and obstructive sleep apnea are granted as secondary to service-connected lumbosacral strain and persistent depressive disorder, respectively.,However, the claims for migraines, bilateral plantar fasciitis, and shin splints remain pending and will be remanded for further review.

The Board has decided to remand the case due to inadequate examination and insufficient reasoning in the previous decision. The Veteran's OSA is being reviewed again for direct service connection, as well as whether it is related to his service-connected depressive disorder.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during her active duty and have persisted since then.

The Veteran's lumbosacral strain and left lower extremity radiculopathy claims are being remanded for further review due to new evidence received after the June 2020 supplemental statement of the case.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened and granted. The appeal seeking increased ratings for various conditions, as well as the TDIU claim, have all been withdrawn.

The Board has denied a rating in excess of 60 percent for the Veteran's back disability and remanded the pseudofolliculitis claim. The decision is final with respect to these issues.

The Board has remanded the cases for additional medical opinions to address whether the Veteran's sleep apnea and lumbar spine disorders are related to his military service, particularly as secondary to his service-connected PTSD.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a direct or secondary relationship between her current condition and her military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was no evidence to support a link between OSA and his military service, including exposure to fumes. The preponderance of the evidence indicated that OSA is not related to his time in active duty.

The Veteran's sleep apnea and COPD with bronchial asthma and bronchiectasis are currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic codes. The Board denied a higher rating as the evidence did not support such an increase.

The Board has decided to remand the case due to insufficient analysis regarding whether the Veteran's OSA is secondary to his service-connected MDD with GAD. The case will be returned for further development and an addendum opinion.

The Board has determined that the Veteran's retinitis pigmentosa began during his active service and granted service connection for this condition.

The Board has remanded the claims for service connection due to insufficient consideration of relevant evidence, including statements from fellow servicemembers and a Veteran's own statements about his symptoms during service.

The Board has remanded the claims of service connection for PTSD, obstructive sleep apnea, skin rash, and bilateral hearing loss due to insufficient medical opinions regarding their etiology.

The Board has remanded the claims for obstructive sleep apnea, pulmonary disease, hypertension, and vision loss secondary to hypertension due to additional development being required.

The Veteran's service-connected sleep apnea, lumbosacral strain with degenerative arthritis, left lower extremity diabetic neuropathy, and right lower extremity diabetic neuropathy have been granted. The Veteran also received a TDIU determination.