Sleep apnea decisions — 2021

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for total disability rating based on individual unemployability (TDIU) is denied.

The Board has not fully considered the Veteran's statements and lay evidence regarding symptoms during service, and a new VA examination is needed to determine if OSA had its onset during service or is related to a disease, event, or injury during service.

The Board has determined that the Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation since September 2010.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and an initial rating higher than 30 percent for his left knee condition, finding that there was no evidence of a direct relationship to service or any other service-connected conditions.

The Veteran's service-connected lumbosacral strain disability is currently rated at 10 percent, which reflects the current functional impairment. The Board finds that a higher rating is not warranted as the evidence does not support an increase in disability beyond what is already reflected by the current 10 percent rating.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as it is considered to have begun during his military service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and a compensable rating for bilateral hearing loss. The preponderance of evidence is against finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that there was no evidence showing a link between his current disability and active duty military service.

The Board has dismissed all claims due to the Veteran's withdrawal of his appeal.

The Board denied the Veteran's claims of service connection for asthma, emphysema, COPD, and sleep apnea due to asbestos exposure. The evidence did not show a current diagnosis or etiology of these conditions related to service.,There was no established diagnosis of emphysema in the medical records.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current low back disability is related to his military service.

The Veteran's claim for service connection for sleep apnea has been reopened and granted.,Service connection is granted for left wrist chronic nerve disability secondary to postoperative residuals of left wrist lump excision.,Service connection is denied for prostate disability.,Service connection is denied for right testicle epididymitis.,Service connection is granted for tinnitus.

The Board denied service connection for OSA, but remanded the issues of right knee and right hip disorders due to lack of nexus.

The Veteran's appeal for diabetes mellitus type II, to include as due to alleged herbicide exposure, is dismissed.,The Veteran's claim of service connection for tinnitus has been reopened and granted.,The Veteran's claims for service connection for erectile dysfunction (ED) and sleep apnea are remanded. The Board notes that no examination was conducted regarding the Veteran's claimed vertigo.,The Veteran's claim for service connection for vertigo is remanded.

The Veteran's right ear hearing loss and obstructive sleep apnea are being remanded for further evaluation.,The cause of the Veteran's obstructive sleep apnea is also being evaluated to determine if it is related to his service-connected psychiatric disorder or other factors.,The issue of a disability rating in excess of 50 percent for an acquired psychiatric disorder prior to July 10, 2019, and entitlement to a TDIU prior to March 16, 2021, is also being remanded due to the need for additional medical opinions.,The issue of a TDIU prior to March 16, 2021, remains on appeal as part of the increased rating claim.

The Veteran's sleep disorder, including a psychological disorder and sleep apnea, is not service-connected.,The Veteran's hemorrhoids are currently rated as moderate but do not warrant a higher rating.

The Board has granted service connection for right ear hearing loss, right hip strain (trochanteric bursitis), left hip strain (trochanteric bursitis), and obstructive sleep apnea. The claim for service connection for left ankle degenerative arthritis was denied as the evidence is at least evenly balanced as to whether it had its onset in service.

The Board has decided to remand the case due to insufficient examination opinions and failure to comply with prior remand instructions regarding service connection for sleep apnea secondary to hypertension, coronary artery disease, and major depressive disorder.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding VA treatment records, worsening of symptoms since previous examinations, and need for additional medical opinions.

The Board has remanded the claim for service connection for a lumbar spine disorder due to incomplete STRs and outstanding VA treatment records. An addendum opinion is needed from an examiner other than the December 2019 VA examiner.