Sleep apnea decisions — 2021

The Veteran's headaches and hypertension are granted with a 30% rating, effective from the date of the May 2016 VA examination. Service connection for sleep apnea is remanded.

The Veteran's asthma and sleep disorder claims are remanded due to new evidence received since the April 2015 VA rating decision. The gastrointestinal symptoms claim is also remanded as there has not been a SOC issued for this issue.,Service connection for asthma is being remanded based on presumptive exposure to particulate matter during service in the Southwest Asia theater of operations. Service connection for sleep disorder (including obstructive sleep apnea) is remanded due to new evidence linking it to PTSD.

The Veteran's appeal is being remanded due to the need for new VA examinations and consideration of his increased severity claims. The issues include ratings for chronic sinusitis, rhinitis, sleep apnea, lumbar strain and discogenic disease, lower extremity radiculopathy, left knee meniscectomy residuals with degenerative joint disease (DJD), left knee instability, and TDIU.

The Board has remanded the cases for additional development due to inadequate compliance with previous remand instructions.

The Veteran's claims for increased ratings, special home adaptation grant, individual unemployability, and aid and attendance/housebound benefits have been dismissed as the appellant died during the pendency of the appeal. The service connection claims are also dismissed due to the death of both the Veteran and his surviving spouse.

The Veteran's current diagnosis of obstructive sleep apnea is service-connected, as the Board finds that symptoms began during service and have continued since.

The Board has decided to remand the claim of secondary service connection for obstructive sleep apnea due to a lack of adequate medical opinions addressing the relevant theories.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted as her current OSA was incurred in service.

The Board has decided to remand the case due to insufficient opinions regarding secondary service connection for sleep apnea. Additional medical opinions are needed to address whether sleep apnea is proximately due or aggravated by service-connected GBS and adjustment disorder with anxiety and depression.

The Board denied service connection for bilateral hearing loss, COPD, OSA, and RLS, finding that the evidence did not support a link between these conditions and active duty service.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD. The claims are currently pending.,Service connection is denied for bilateral shoulder condition, bilateral knee condition, and sleep apnea.

The Board dismissed all appeals regarding service connection and rating for various conditions, including sleep apnea, appetite disorder, gastroesophageal reflux disease (GERD), and insomnia. The Veteran's death prevented the Board from making a decision on these claims.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD.,The Veteran's right shoulder disorder is found to be etiologically related to his active service.

The Board denied the Veteran's claim for an earlier effective date, finding that there was no evidence of a need for regular aid and attendance prior to September 17, 2013. The decision is based on the Veteran's testimony and medical records indicating periods of assistance but not a consistent need.

The Veteran's low back disability is rated at 60 percent, which is the maximum rating under DC 5243. The RO denied an increased rating greater than 60 percent for degenerative disc disease of the lumbosacral spine with neurological manifestations.

The Board has remanded the Veteran's claims for increased ratings for his right knee disability, service connection for a right ankle condition and diabetes mellitus, type II, and service connection for sleep apnea due to inadequate medical opinions in previous decisions.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective July 27, 2021. The Board found that the evidence did not support a higher rating for any period of time.

The Veteran's Obstructive Sleep Apnea is granted as service connected. The Hearing Loss claim is remanded for further action.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine has been denied.,The Veteran's claims for ratings in excess of 50 percent for service-connected headaches, and 10 percent for vertigo have all been denied.,The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied.,The Veteran's claims for ratings in excess of 50 percent for sleep apnea have all been denied.,The effective dates for the grants of service connection for right lower extremity sciatic radulopathy, femoral radulopathy, and sleep apnea have all been denied.,The claim for a rating in excess of 20 percent for right lower extremity sciatic radulopathy prior to May 27, 2021, and in excess of 40 percent thereafter has been remanded.,The claim for a rating in excess of 20 percent for right lower extremity femoral nerve radulopathy has been remanded.,The Veteran's claims for automobile or other conveyance and adaptive equipment have been remanded.

The Board has decided that the Veteran's sleep apnea is service connected, but has remanded for further action on his hypertension claim due to duty-to-assist errors.