Sleep apnea decisions — 2021

The Board has decided to remand the case due to the need for additional development regarding whether the Veteran's obstructive sleep apnea is caused by his service-connected PTSD and obesity.

The Veteran's claims for service connection and increased rating for PTSD, as well as the grant of a TDIU effective September 2, 2013, are all granted. The OSA claim was reopened based on new evidence received after the initial denial in 2012.

The appeal for service connection for pseudofolliculitis barbae (PFB) is dismissed. The appeals for secondary service connection for hypertension and coronary artery disease (CAD) are remanded.

The Board has remanded the claim for service connection for OSA due to insufficient medical opinions addressing causation and aggravation as independent concepts. The Veteran's OSA is being considered secondary to his service-connected musculoskeletal disabilities or acquired psychiatric disorder.

The Board has determined that there has not been substantial compliance with the January 2021 Board remand and thus requires another remand to address the etiology of the Veteran's obstructive sleep apnea, including whether it is related to his service or caused by his PTSD.

The Veteran's OSA is service connected as it was caused by his service-connected PTSD.

The Board denied service connection for the gunshot wound to the left leg, finding that it did not originate in service or within a year of service and was not otherwise etiologically related. The BUE condition and OSA were also found to be unrelated to service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD. The VA will need to obtain additional medical records and provide a supplemental opinion.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has also remanded the claim for service connection for obstructive sleep apnea due to new evidence received since the last denial.

The Board has vacated the April 14, 2020 decision denying TDIU benefits due to failure to defer a decision on the issue until OSA was assigned a disability rating. The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment throughout the period on appeal.

The Veteran's service connection claims for sleep apnea, migraines, and insomnia have been granted. The claim for a left hand disability is remanded.

The Veteran's back disability is rated at 20% effective June 3, 2009 and increased to 40% effective August 10, 2018. Effective June 3, 2009, the Veteran also received a 10% rating for radiculopathy of the left lower extremity and a 10% rating for radiculopathy of the right lower extremity.,The Board denied entitlement to TDIU prior to August 10, 2018.

The Board has remanded the Veteran's claims for further action consistent with prior remand directives, including obtaining additional medical opinions and evidence. The claims are back before the Board after previous denials.

The Veteran's migraine disorder is not entitled to a compensable evaluation prior to March 22, 2019 and is only rated at 30 percent thereafter. The Veteran's lumbosacral strain with degenerative arthritis remains rated at 40 percent.,The Veteran's service-connected conditions are being remanded for further development.

The Board has remanded the Veteran's claims for service connection and increased rating due to outstanding private treatment records, failed VA examinations, and incomplete service personnel records. The Veteran is also seeking a separate claim of service connection for sleep apnea.

The Board has granted a TDIU and SMC at the housebound rate since September 30, 2015 due to service-connected anxiety disorder with depressive symptoms. The Veteran's other service-connected conditions do not meet the criteria for separate ratings.

The Veteran's appeals for a compensable rating for left ankle scar, left shoulder scar, and painful left shoulder scar were dismissed due to the Veteran's request to withdraw his appeal.,The Veteran's claim for a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board found that there is no evidence of muscle atrophy or ankylosis associated with the condition.

The Veteran's obstructive sleep apnea was granted service connection, and a 30 percent rating for his right shoulder condition is also granted effective March 1, 2019.

The Veteran's PTSD and sleep apnea are granted, but the claim for a higher rating for lumbar spondylosis with degenerative joint disease is dismissed.

The Veteran's GERD and obstructive sleep apnea are both found to have onset during or be related to his active service, leading to a grant of service connection for both conditions.