Sleep apnea decisions — 2021

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current condition is at least as likely due to his in-service low back pain syndrome.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected acquired psychiatric disorder, finding that the OSA is at least as likely as not caused by or aggravated by his service-connected condition.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.

The Board has decided to remand the Veteran's claim for service connection of obstructive sleep apnea due to a lack of adequate medical opinion regarding its onset and relationship to service.

The Board denied the Veteran's claims for service connection for sleep apnea, ocular hypertension, and chronic pain syndrome. The evidence did not support a finding that these conditions began during active service or were related to a service-connected disability.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD). The evidence is in equipoise regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for a VA examination.

The Veteran's obstructive sleep apnea was granted a 50 percent rating prior to May 2, 2013 and denied any rating in excess of 50 percent since that date.

The Veteran's appeal is remanded for additional development to determine the appropriate disability rating and whether he is unemployable due to his lumbar spine disability.

The Board has granted service connection for a cervical spine disability and remanded the cases of left ear hearing loss and TDIU.

The Veteran's pneumonia is granted as service connected. The Board has remanded several other issues for further development and consideration.

The Veteran's claims for higher ratings for his neck and left knee disabilities, as well as service connection for gastroesophageal reflux disease (GERD) and sleep apnea are being remanded due to outstanding records not having been obtained. The Veteran's VA treatment records suggest there may be relevant private treatment records that have not been associated with the claims file.

The Board has denied service connection for bilateral hearing loss disability and has remanded the issues of service connection for cervical spine, lumbosacral spine, and right hip disabilities.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during service and have continued since then. The Board also found that there is no evidence of a link to any environmental exposure in Southwest Asia.

The Veteran's right and left lower extremity radiculopathy were both rated at 10% prior to March 3, 2012. From March 3, 2012, the ratings for his right and left lower extremity radiculopathy increased to 20%. The rating for his back condition was also increased from 20% to 40% effective May 27, 2021.,The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has remanded the claims for service connection for hypertension and recurrent sleep disability (obstructive sleep apnea) due to exposure, but did not specify a rating or effective date. The issue of whether new and material evidence has been received to reopen the claim for PTSD was also remanded.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to January 7, 2014, and in excess of 50 percent on and after January 7, 2014, for a not otherwise specified depressive disorder; for a rating in excess of 40 percent for sacroiliac arthroplasty with sacroiliac joint dysfunction and lumbosacral spine limitation of motion; for a rating in excess of 20 percent for right hip degenerative arthritis with tendinitis and sacroiliitis; and for a rating in excess of 10 percent for left hip degenerative arthritis with tendinitis and sacroiliitis.

The Board has remanded the claim of service connection for obstructive sleep apnea, as it did not comply with a previous directive to consider an article submitted in October 2016.

The Board has decided to remand the cases for further development and consideration due to new evidence submitted by the Veteran.