Sleep apnea decisions — 2021

The Board denied service connection for obstructive sleep apnea and granted a 30% rating for Meniere's disease prior to August 16, 2021.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a neck disability, to include degenerative disc disease, due to inadequate VA opinions in prior remands.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional medical opinions regarding the etiology of the Veteran's psychiatric disability, sleep apnea, neuropathy of the RLE, and neuropathy of the LUE.

The Veteran's claim for service connection for erectile dysfunction has been reopened due to the submission of new and material evidence. The earlier effective date for increased evaluation of right shoulder disability is denied as there was no increase in severity within one year prior to the June 12, 2018 claim.,The earlier effective date for grant of service connection for lichen planus chronicus is denied as there was no formal or informal claim prior to June 12, 2018. The TDIU claim is remanded.

The Board dismissed the Veteran's appeals for increased disability ratings and service connection claims due to a withdrawal of appeal by his authorized representative.

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

The Veteran's OSA began during active service and the issue of entitlement to service connection for a back disability is remanded.

The Veteran's claim for a higher rating for lumbosacral strain with intervertebral disc syndrome was denied, and the Board found that there is no medical or lay evidence documenting symptoms approximating unfavorable ankylosis of the entire thoracolumbar spine. The issue of a separate evaluation for bowel incontinence secondary to service-connected lumbosacral strain disability was remanded.

The Veteran's depressive disorder and sleep apnea as secondary to depressive disorder are granted service connection. Service connection for degenerative arthritis of the lumbar spine, arthritis of the knees, ankles, hips, and fingers, Hepatitis C, or a heart disability is denied.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding the nature, etiology, and severity of his claimed conditions. The issues include right hip arthritis, glaucoma, gout, hearing loss, knee disability, and sleep disability.

The Board has remanded the case due to insufficient opinions regarding the direct and secondary service connection for sleep apnea, as well as the aggravation of sleep apnea by service-connected type II diabetes mellitus, diabetic neuropathy, and diabetic nephropathy.

The Veteran's bilateral pes planus and plantar fasciitis are granted service connection. The Board also remanded the issues of sleep apnea, right elbow disability, left elbow disability, GERD, IBS, migraine headaches, and hypertension for further development.

The Board has determined that the Veteran's death was not caused by his service-connected disabilities, and thus denied entitlement to Dependency and Indemnity Compensation under 38 USC 1318. The appeal for service connection for cause of death is remanded due to a pre-decisional duty to assist error.

The Board has determined that new evidence received supports the claim of service connection for OSA, which was previously denied. The Veteran's OSA is now considered to have been incurred during his military service.

The Board has determined that the VA examination conducted in January 2020 is inadequate and remands the case for a new examination to determine the etiology of the Veteran's low back disorder. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issue.

The Board has determined that the Veteran's current lumbosacral strain with degenerative disc disease is related to his military service and grants service connection for this condition.

The Board has remanded the claims for service connection for tinnitus, gallbladder disability, and sleep apnea due to insufficient evidence of a claim prior to July 5, 2018.

The Board granted service connection for sleep apnea as secondary to PTSD, effective September 30, 2011. The earlier effective date claim for the 100% evaluation of PTSD was also granted.

The Veteran's combination of service-connected disabilities has prevented him from obtaining or maintaining substantial gainful employment since November 26, 2009. An effective date for TDIU is granted as of that date and an effective date for Chapter 35 DEA benefits is also established.

The Board has granted service connection for obstructive sleep apnea, hypertension, and migraine and tension headaches, finding that these conditions are at least as likely as not related to the Veteran's service-connected PTSD and tinnitus.