Sleep apnea decisions — 2021

The claim for service connection for low back pain has been reopened, and the Veteran's lumbosacral spine degenerative disc disease is granted. The psychiatric disability claims are remanded due to conflicting findings in previous evaluations.

The rating reduction from 20 percent to 10 percent effective December 2, 2016, for a lumbosacral spine disability was improper and a 20 percent rating is restored effective December 2, 2016. The Veteran's claim for a compensable disability rating for her service-connected residuals of a fracture of the coccyx is also remanded.

The Board has remanded the claims for service connection for OSA and a heart disability due to insufficient rationale in the VA examiners' opinions, lack of consideration of certain evidence, and need for additional development.

The Veteran's sinusitis associated with nasal deviation is rated at 50% effective from July 20, 2015. The Veteran's GERD and obstructive sleep apnea are both service-connected.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding no direct or secondary relationship to his military service. The decision also noted that the Veteran's current OSA is not aggravated by his service-connected PTSD.

The Veteran's service connection claim for obstructive sleep apnea is granted as the evidence shows he developed this condition during his military service and it has persisted since then.

The Board has remanded the Veteran's claims for sleep apnea and hypertension due to potential service connection based on new evidence, exposure to herbicide agents during service, or aggravation of a pre-existing condition.

The Veteran's right knee replacement and related radiculopathy conditions have been granted service connection, with a separate evaluation for instability. The claim for an increased rating for the total knee replacement has been denied.

The Board has determined that the Veteran's OSA is related to service and grants service connection for this condition.

The Board denied the claim for TDIU, finding that the Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.

The Veteran was granted TDIU prior to January 5, 2009, and from October 1, 2009, to October 6, 2013.,TDIU was denied from January 5, to September 30, 2009, and as of October 7, 2013.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is caused by or aggravated by her service-connected PTSD.

The Board has granted service connection for low back disability, sciatica, and partial acromioclavicular joint separation of the right shoulder. Bilateral foot disability is denied.,Secondary service connection was also granted for these conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision is based on a finding of reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient examination reports and the need for a new opinion on whether the Veteran's service-connected musculoskeletal disabilities caused or aggravated his obesity, which in turn caused or aggravated his obstructive sleep apnea.

The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine was denied as there were no findings supporting more severe symptoms.,Service connection for tinnitus was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for prostatitis was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.,Service connection for residuals of a head injury was denied as there was no current diagnosis of TBI or its residuals.,Service connection for hypertension was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for myopia was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.,Service connection for OSA was denied as there is no evidence of its onset during service or a current diagnosis related to service.,Service connection for HIV was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for gout was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.

The Veteran's claim for an increased rating of 60 percent for coronary artery disease (CAD) is granted, but his claim for service connection for obstructive sleep apnea due to service connected CAD is remanded.

The Veteran's claims for increased ratings, service connection, and other issues have been remanded due to the need for additional development.,Specifically, a new examination is required for his left ankle disability, hypertension, sleep apnea, irritable bowel syndrome (IBS), joint pain in upper extremities, tinnitus, bilateral hearing loss, and headaches.

The Board has remanded the claims for service connection, rating, and TDIU due to additional relevant VA clinical documentation submitted by the Veteran.

The Veteran's sleep apnea is granted as service-connected. The lumbar spine disability is granted a higher rating of 40 percent effective April 2, 2019. The left hip strain and left knee condition are each granted a 10 percent rating effective April 2, 2019.