Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for service connection for sleep apnea, a rating in excess of 20 percent prior to August 5, 2020 for a lumbosacral strain and degenerative arthritis (previously rated as compression fracture of the thoracic vertebrae (T4)), and entitlement to a total disability rating based upon individual employability (TDIU).

The Veteran's OSA and right ankle sprain are granted as secondary to service-connected conditions. The right knee disability is granted with a 10% rating.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and an increased rating for posttraumatic stress disorder, finding that there is no causal relationship between these conditions and his military service.

The Veteran's claims for increased ratings have been denied. The Board has found that the Veteran does not meet the criteria for a rating in excess of 10 percent for bilateral hearing loss, and remanded the issues regarding degenerative joint disease of the lumbosacral spine and left knee lateral meniscectomy.

The Board has granted service connection for obstructive sleep apnea and remanded the claims of gastroesophageal reflux disease (GERD) and respiratory condition.

The Veteran's service connection claims for obstructive sleep apnea, lumbar spine degenerative changes, and right lower extremity peripheral neuropathy have all been granted.

The Board denied service connection for sleep apnea, finding no competent medical evidence linking the condition to service or a service-connected disorder. The Veteran's acquired psychiatric disorder was not service connected.

The Board has remanded the claims for cervical spine, lumbar spine, left lower extremity neuropathy, left upper extremity neuropathy, and neck scar disabilities due to a predecisional duty to assist error. The Veteran's service records show in-service treatment for these conditions.

The Board has found that the Veteran's tinnitus was incurred during his active duty service and granted service connection for it. The issues of service connection for a headache disability and sleep apnea are remanded due to insufficient evidence.

The Veteran's service connection claims for left ear hearing loss, fatigue secondary to OSA, and several other conditions have been denied. The Veteran does not meet the criteria for a current disability in some of these cases.,Service connection for right elbow condition, left elbow condition, left hip condition (secondary to trochanteric bursitis), and left knee condition (secondary to patellofemoral syndrome) has also been denied.

The Board has remanded the Veteran's claims for service connection for sleep apnea and total disability based on individual unemployability (TDIU) due to inadequate medical opinions in the previous VA examination.

The Board has decided to remand the case due to lack of substantial compliance with previous remand instructions. The Veteran's attorney argues that the VA examiner did not address the direct service connection theory and failed to consider the lay statements regarding snoring in service.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claim for increased ratings for her lumbosacral strain (back disability). The case is therefore being remanded for further development.

The Veteran withdrew his appeals for several conditions and service connection claims, including seasonal allergic rhinitis, migraine headaches, beta thalassemia minor, sinusitis, OSA, ED, and renal insufficiency.

The Board has remanded the case due to new theories of entitlement and the need for additional medical opinions.

The Board has decided to remand the case due to inadequate VA examinations and opinions, specifically regarding whether the Veteran's service-connected orthopedic disabilities and/or MDD are related to his weight gain and obesity, which may be an intermediate step in causing or contributing to his sleep apnea.

The Veteran's appeals for various conditions and rating issues have been dismissed due to the death of the Veteran.

The Veteran's claims of service connection for sleep apnea, fibromyalgia, gastrointestinal disorder (to include irritable bowel syndrome), heart disorder, and chronic fatigue syndrome are remanded due to the need for additional medical examinations.

The Board has denied service connection for right and left ankle disabilities, finding no evidence of in-service injury or disease. The Veteran's current ankle conditions are not related to his military service.,Service connection for OSA is remanded due to the need for a new VA examination to determine its relationship to service.

The Board has decided to remand the case due to a lack of a fully reasoned rationale in the July 2019 VA examination, and thus requires a new VA examination.