Sleep apnea decisions — 2021

The Veteran's appeal for service connection for OSA, including as secondary to MDD, has been withdrawn and dismissed.,The Veteran's claim for a compensable rating for migraine headaches was denied. The Board found that the frequency of his attacks did not meet the criteria for a higher rating.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that there is equipoise evidence to support a link between in-service snoring and current sleep apnea. The appeal was reopened due to new medical treatise evidence.

The Veteran's acquired psychiatric disorder, including major depressive disorder, is found to have had its onset in service. The Board grants the claim for this condition.

The Board dismissed the appeal because the appellant did not timely file a VA Form 10182 to contest the attorney fees calculation, despite acknowledging that the decision was issued on December 4, 2020. The appellant's failure to file within the required 60-day period means the appeal is dismissed.

The Board has granted earlier effective dates of January 26, 2000 for service connection for lumbosacral strain with degenerative disc disease and spinal stenosis, right knee strain with degenerative arthritis, left knee strain with degenerative arthritis, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Board has remanded all issues on appeal due to the need for further development and evidence collection. The Veteran's claims for service connection for PTSD, diabetes mellitus, hypertension, heart disability, stroke with residuals, and sleep apnea have not been substantiated by the evidence of record.

The Veteran's claims for service connection of various foot, shoulder, hip, ankle, fatigue, sleep apnea, restless leg syndrome, and psychiatric conditions have been denied. The Board found that the evidence did not support a finding that any of these conditions were incurred or aggravated by military service.,There was no medical nexus provided to link any of the Veteran's current diagnoses to his military service.

The Veteran's attorney has withdrawn the appeals for increased rating, earlier effective date, and SMC at housebound level for bulimia nervosa.

The Veteran's low back disability was granted a rating of 20 percent prior to June 25, 2021. From that date, the Veteran is denied a rating in excess of 40 percent.

The Veteran's claim for a compensable rating for migraines was denied due to failure to report for the scheduled examination.,The Veteran's claim for a rating in excess of 70 percent for PTSD was denied as his symptoms did not meet the criteria for total occupational and social impairment.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and inextricably intertwined issues.

The Board has decided to remand the case due to inadequate opinion regarding the relationship between the Veteran's sleep apnea and his service, specifically noting a lack of in-service diagnosis or treatment for sleep apnea.

The Board has remanded the claims for service connection for sleep apnea and an acquired psychiatric disorder due to further development being necessary.

The Veteran's upper respiratory disability, including sinusitis and allergic rhinitis, is considered service-connected.,Obstructive sleep apnea is found to be secondary to the Veteran's service-connected PTSD and upper respiratory disabilities.,Hypertension is also found to be secondary to the Veteran's service-connected PTSD and obstructive sleep apnea.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea, including whether it is related to his service-connected major depressive disorder or obesity. The AOJ should secure a VA examination report addressing these inquiries.

The Veteran's bladder cancer is granted service connection as due to herbicide agent exposure. The claims for hypertension, acquired psychiatric disorder, OSA, and bilateral hearing loss are remanded for further development.

The Board has remanded several issues related to the Veteran's hip disabilities, sleep apnea, and erectile dysfunction due to inadequate examination reports or unclear findings. The issues include service connection for these conditions and determining their current severity.

The Board has dismissed the claim for TDIU and remanded issues of service connection for sleep apnea, PTSD, and an increased rating for asthma. The Veteran's claims are being returned to the AOJ for further development.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for a VA examination and opinion regarding the nature and etiology of his condition, including its relation to in-service complaints and exposure to burn pits.

The Board has dismissed all issues on appeal due to the Veteran's withdrawal of his appeals before the promulgation of a decision.