Sleep apnea decisions — 2021

The Board has determined that new evidence received after the July 2019 denial is relevant to the claims of service connection for psychiatric disability, back disability, headache disability, tinnitus, and residuals of TBI. The Veteran's current disabilities are found to have begun during active service.

The Veteran's bilateral hearing loss is currently rated as noncompensably disabling. The Board finds that the evidence does not support a compensable rating for this condition.,The Veteran asserts service connection for diabetes mellitus, type II, to include as secondary to herbicide exposure. However, the AOJ has not attempted to verify his claimed herbicide exposure and thus remand is necessary to attempt verification of such exposure.,The Veteran asserts service connection for bilateral upper neuropathy, to include as secondary to diabetes mellitus, herbicide exposure, and/or a lightning strike in service. Remand is necessary to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed conditions.,The Veteran asserts service connection for bilateral lower neuropathy, to include as secondary to diabetes mellitus, herbicide exposure, and/or a lightning strike in service. Remand is necessary to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed conditions.,The Veteran asserts service connection for a stomach disability. The AOJ has not provided an opinion on this issue and thus remand is necessary.,The Veteran asserts service connection for an acquired psychiatric disability, to include as secondary to an acquired psychiatric disability. Remand is necessary to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed conditions.,The Veteran asserts service connection for a sleep disability (claimed as sleep apnea), to include as secondary to an acquired psychiatric disability. Remand is necessary to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed conditions.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's OSA is related to his service-connected CAD, and thus grants service connection for OSA.

The Veteran's appeal for an increased rating for his service-connected lumbosacral strain was dismissed as he withdrew the appeal in a September 2021 correspondence.

The Board has remanded the case due to a failure to provide a VA examination or medical opinion regarding the nature, onset and etiology of the Veteran's obstructive sleep apnea. The examiner is requested to address whether the Veteran's current obstructive sleep apnea was incurred in service, including during in-service treatment, and whether it is at least as likely as not caused by his service-connected PTSD.

The Board has determined that the previous decision on service connection for sleep apnea is inadequate due to a lack of consideration of environmental hazards exposure. The Veteran's claim will be remanded for new opinions regarding his sleep apnea.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial for special monthly compensation based on aid and attendance and housebound status.

The Board has remanded the case due to inadequate medical opinion and a need for an in-person VA examination to determine the nature and etiology of the Veteran's obstructive sleep apnea, including whether it is related to service-connected extensive bilateral calcified pleural plaques.

The Board has decided to remand the case due to a failure to comply with the duty to assist, specifically regarding the etiology of the Veteran's sleep apnea. The Veteran and his spouse reported symptoms since service that may indicate sleep apnea.

The Veteran's claim for service connection for irritable bowel syndrome (IBS) is granted. The claims for hypertension and sleep apnea are remanded, as well as the issue of an initial disability rating in excess of 10 percent for lumbar strain with lumbosacral degenerative joint disease.

The Veteran's appeals for chronic obstructive pulmonary disease, emphysema, and sleep apnea have been withdrawn. The appeal for a higher rating for PTSD has been remanded due to the need for new evidence. The issue of service connection for sleep apnea is also being remanded as it may be related to PTSD. The TDIU claim is inextricably intertwined with these issues.

The Veteran's lumbar spine condition is rated at 40 percent, effective December 23, 2019. The right lower extremity radiculopathy remains rated at 20 percent from April 30, 2015. SMC at the housebound rate was granted starting June 28, 2021.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence of a nexus between his current OSA and military service.

The Veteran's bilateral hearing loss is not compensable, as his right ear has a maximum rating of Level VI and left ear has a maximum rating of Level I.,Service connection for PTSD and Major Depressive Disorder was granted based on exposure to contaminated water at Camp Lejeune.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and whether his service exposure or existing disabilities caused it.

The Veteran's service-connected disabilities have caused him to be in need of regular aid and attendance, warranting special monthly compensation (SMC) based on the need for aid and attendance.

The Board found no evidence to support the Veteran's claims of in-service diet and sleep habits, exposure to contaminants or carcinogens, residuals from malaria vaccination, or exposure to ionizing radiation. As a result, service connection for sleep apnea was denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the submission of new evidence not previously considered by the AOJ.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to service or secondary to his service-connected PTSD. The claim will be returned for additional development.

The Veteran's head scar is granted a 10 percent disability rating. The low back and hand warts cases are remanded for further development.