Sleep apnea decisions — 2021

The Board has remanded the case due to new diagnoses of seborrheic dermatitis, erythrotelangiectatic rosacea, and seborrheic keratosis. The examiner is asked to provide an opinion on whether these conditions are related to service, including exposure to herbicide agents.

The Board has remanded the claims for bilateral plantar fasciitis, bilateral hearing loss, tinnitus, right hand condition (including carpal tunnel syndrome), and sleep apnea due to issues with the evidence considered and need for additional medical opinions.

The Board has determined that there is at least a 50% chance that the Veteran's obstructive sleep apnea is caused by his service-connected PTSD and tinnitus, thus granting service connection for this condition.

The Board has remanded the Veteran's claims for service connection for respiratory insufficiency and sleep apnea due to inadequate opinions regarding presumptive service connection based on Gulf War exposure.

The Board has withdrawn several issues from the Veteran's appeal, including those related to PTSD, IBS, lumbar degenerative disc disease and lumbar facet hypertrophy, obstructive sleep apnea, left ankle fracture with residual loose body, tendonitis and left foot talar osteochondral defect, right ankle osteochondral defect status post-surgical repair with history of strain. The Board has also remanded the Veteran's TDIU claim and his claims for service connection for blood clots of the left knee.

The Veteran's nonservice-connected pension claim is denied because he did not serve in a period of war and thus does not meet the eligibility requirements for pension benefits.

The Veteran's claims for increased ratings in excess of the current disability ratings for his right wrist, back, sleep apnea, and right shoulder disabilities are being remanded due to inadequate VA examinations conducted several years ago. Additional development is needed to assess the current severity levels of these conditions.

The Board has granted service connection for PTSD due to MST, but the claims for hepatitis C, OSA, and hypertension are remanded for further development.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent from November 22, 2013. The appeal is remanded for further evaluation on the issues of increased ratings for various conditions.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service-connected disabilities and their relationship to his current conditions. The VA will obtain updated treatment records, including from September 2021 onwards, and provide a new opinion on whether these conditions are at least as likely as not related to his military service or service-connected disabilities.

The Veteran's appeal regarding entitlement to service connection for erectile dysfunction, to include as secondary to service-connected disabilities is dismissed. The Board has also remanded the issue of entitlement to service connection for sleep apnea, to include as secondary to service-connected disabilities.

The Board has remanded the cases of service connection for obstructive sleep apnea and hypertension, as secondary to obstructive sleep apnea. The remand is due to an inadequate rationale in a previous VA opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has remanded the Veteran's claim for a new opinion to determine if he has insomnia or any acquired psychiatric sleep disorder, and whether it is related to his service-connected sleep apnea.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the appellant's withdrawal of these claims.

The Veteran's lumbosacral strain with degenerative arthritis of the spine was denied for an initial rating in excess of 20 percent prior to January 17, 2019 and from January 17, 2019. The claim for a staged rating in excess of 40 percent is also denied.

The appeal for service connection for depressive disorder is dismissed. A rating in excess of 30 percent for plantar fasciitis with bilateral flat feet is denied, and the issues of service connection for fibromyalgia and obstructive sleep apnea are remanded.

The Veteran's claim for a rating in excess of 20 percent prior to November 5, 2019 for his lumbar spine condition was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a rating in excess of 40 percent since November 5, 2019 for his lumbar spine condition was also denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's lumbosacral strain was rated at 20 percent, but the Board found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy of the sciatic nerve was granted a 10 percent disability rating effective March 23, 2017.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), including as secondary to his service-connected disabilities, finding that there is no causal relationship between his OSA and his service-connected conditions.

The Veteran's service-connected disabilities (migraine headaches, major depressive disorder, sleep apnea, and tinnitus) have been found to be of sufficient severity to prevent him from obtaining or maintaining substantially gainful employment.