Sleep apnea decisions — 2021

The Veteran's appeal of a compensable rating for a back scar was withdrawn. A 20 percent rating, but no more, was granted for lumbar DDD prior to December 9, 2014 and March 27, 2017. The claim for a higher rating since March 27, 2017 is denied. Service connection for insomnia is granted.

The Board has remanded the case for additional development regarding service connection for lumbosacral strain. The right foot and left foot disabilities are denied as there is no current evidence of a disability or relationship to service.

The Board has remanded the issue of service connection for COPD due to a lack of clarity regarding whether the Veteran's service-connected disabilities contributed to his obesity, which in turn caused or aggravated his restrictive lung disease.

The Board has decided that the Veteran's obstructive sleep apnea may be related to his service-connected multiple sclerosis, psychiatric disorder, or right leg disability. However, more information is needed from a VA examiner regarding the nature and etiology of the Veteran's OSA.

The Board has decided to remand the claims of service connection for sleep apnea and erectile dysfunction due to a lack of medical examination, as the Veteran's conditions may be related to his service-connected disabilities.

An effective date of March 20, 2014 is granted for the grant of service connection for interstitial lung disease.,A higher initial rating of 30 percent is granted as of March 20, 2014 for interstitial lung disease. A higher 60 percent rating is granted as of July 12, 2016.,Service connection is granted for obstructive sleep apnea (OSA) and headaches secondary to the service-connected interstitial lung disease.

The Veteran's appeal for an increased rating of his service-connected degenerative facet joint disease, lumbosacral spine and L5-S1 was dismissed as the authorized representative withdrew the appeal prior to a decision being made.

The Board denied service connection for OSA, finding it less likely than not that the Veteran's sleep apnea was incurred in or caused by his active military service.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea as secondary to his service-connected PTSD and TDIU prior to February 25, 2016. The Board found that there was no evidence linking the Veteran's OSA to his military service or to his PTSD.

The Board has determined that the Veteran's low back disability is at least as likely as not related to his in-service injuries, and thus service connection for a low back disability is granted.

The Veteran's service connection claims for obstructive sleep apnea, sinusitis, and a rating in excess of 10 percent for deviated nasal septum have all been denied. The Board found that the current conditions are not related to service or service-connected disabilities.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his active duty service.

The Veteran's current diagnosis of obstructive sleep apnea is granted as service connected, with all reasonable doubt resolved in favor of the Veteran.

The Board denied the Veteran's claim for service connection of OSA, finding that there is no evidence linking his current condition to his military service.

The Veteran's low back disability is granted as service connected.,Service connection for bilateral hearing loss is denied.,The Board has found that the Veteran's left and right lower extremity sciatica are not related to his service-connected low back disability, and thus these issues are remanded for further development.

The Board has found that new and relevant evidence has been received to reopen the claims of entitlement to service connection for bilateral hearing loss, a bilateral foot disorder including pes planus, sleep apnea, and traumatic brain injury. The issues are remanded due to the need for additional examinations and development.

The Board has granted a maximum schedular 50 percent rating for service-connected headaches, effective since November 6, 2020. The appeal is remanded for further consideration of the issues of service connection for OSA and left-side carpal tunnel syndrome.

The Board has granted service connection for a right knee disability and obstructive sleep apnea, finding that the Veteran's current conditions are related to his active service. Service connection was denied for traumatic brain injury (TBI).

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, finding that it is not caused by or aggravated by his service-connected PTSD.

The Board has remanded the SMC claim due to insufficient evidence regarding the Veteran's employment status and additional VA and private treatment records are needed. The appeal is now in remand status.