Sleep apnea decisions — 2021

The Veteran's service-connected disabilities, including anxiety disorder, lumbosacral strain, knee arthritis, tinnitus, and various nerve entrapments, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on this finding.

The Veteran's earlier effective date for service connection of degenerative disc disease and stenosis of the lumbosacral spine is granted as November 26, 2002. The claim for an earlier effective date for TDIU remains denied.

The Board has determined that the Veteran does not have obstructive sleep apnea (OSA) due to service or secondary to his service-connected depression. The preponderance of evidence supports a finding that OSA is not related to military service.

The Board has remanded the Veteran's claims of service connection for carpal tunnel syndrome of the bilateral wrists and sleep apnea due to potential errors in the appeals process. The Veteran will need to provide additional medical records, including those from Dr. T. Ford, and a VA examination will be scheduled to determine if her conditions are related to military service.

The Board has remanded the claims for hepatitis C, tinnitus, and a sleep disorder to include sleep apnea and REM-related sleep apnea due to insufficient evidence addressing their etiology.

The Board has remanded the cases of service connection for obstructive sleep apnea and hypertension due to inadequate medical opinions. Additional addendum opinions are needed to determine if these conditions are related to service, including any in-service head injury.

The Board has denied service connection for various conditions, including blindness, glaucoma, hypertension, rheumatoid arthritis, shoulder pain, elbow and wrist swelling, toe numbness, leg numbness, jaw joint pain, hip joint swelling, knee and ankle pain, bilateral pes planus, foot bunions, rib fracture discomfort, hand weakness, left hand swelling, tonsillitis, dizzy spells, fatigue, pharyngitis, allergy disorder, breathing disorder, sleep apnea, heart condition, ulcer, gastritis, gastrointestinal problems, GERD, kidney disorder, lipoma, obesity, arm numbness and pain, and finger numbness. The Board found that the evidence did not support service connection for these conditions.,The Veteran's TBI claim is also denied as there was no in-service head injury or related condition.

The Veteran's secondary service connection for obstructive sleep apnea and non-obstructive alveolar hypoventilation, including with obesity as an intermediate step, is granted. The increased rating claims for right knee DJD, cervical spine DDD, and thoracolumbar DDD are remanded.

The Veteran's claim for service connection for sleep apnea was dismissed as it had already been granted in a previous decision. Service connection for an acquired psychiatric condition, including anxiety disorder, major depressive disorder, memory disorder, and PTSD, was granted.

The appeal for service connection of lineal scar, right side of nose (disfigurement), obstructive sleep apnea (OSA), cardiovascular disorder, and bilateral hearing loss was denied. The Veteran's claim for increased ratings for a lineal scar, right side of nose (painful scar) and bilateral plantar keratotic lesions prior to May 13, 2021, as well as for a right foot plantar callus since May 13, 2021, was also denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no competent evidence linking it to his service-connected paroxysmal atrial fibrillation.

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Veteran's appeal has been dismissed for the issues of service connection for left shoulder disorder, right shoulder disorder, bilateral hearing loss, and tinnitus. The Board has granted effective dates of February 22, 2018 for service connection of bilateral lower extremity radiculopathy and cervical strain, but remanded for further development on initial disability ratings and service connection for sleep apnea.

The Veteran's increased rating claim for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative arthritis of the spine, radiculopathy of the right and left lower extremities. The VA will review the additional evidence provided by the Veteran.

The Veteran's initial claim for a higher rating for his back disability was denied, and he is currently rated at 10 percent. The Board found that the evidence did not support an increase in rating beyond this level during the period from July 1, 2013 through September 6, 2018. For the period since September 7, 2018, the criteria for a higher rating were also not met.

The Board has granted service connection for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and peripheral neuropathy of the right lower extremity. Service connection was denied for peripheral neuropathy of the left lower extremity, obstructive sleep apnea, and chronic obstructive pulmonary disease.,The Board found that the evidence is at least in equipoise regarding these conditions, thus granting service connection based on the benefit of doubt.

The Veteran's appeal for a higher rating for his lumbosacral spine disability was denied. The Veteran is eligible for financial assistance in purchasing an automobile with adaptive equipment due to the need for aid and attendance of another person, but further evidence is needed to substantiate this claim. The Veteran's need for SMC based on the regular need for the aid and attendance of another person remains pending.

The Board has remanded the claims for service connection for bilateral wrist carpal tunnel syndrome, an acquired psychiatric disability, sleep apnea, and a lumbar spine disability due to insufficient evidence.

The Board has remanded the case due to inadequate medical opinions and failure to consider all theories of entitlement, including continuity of symptomatology.