Sleep apnea decisions — 2021

The Veteran's service-connected lumbar spine DJD, right lower extremity radiculopathy, and left lower extremity polyradiculopathy disabilities render him unable to secure or follow substantially gainful employment from December 7, 2011.

The Veteran's claim for service connection for posttraumatic stress disorder was dismissed. The previously denied claim of hypertension was reopened and granted a 50% evaluation. The initial evaluation for depressive disorder was granted at 50%. Other claims were remanded.

The Board denied service connection for obstructive sleep apnea, finding that it is not secondary to the Veteran's service-connected migraines, back, and foot disabilities.,The Board also denied service connection for erectile dysfunction, concluding that it is not secondary to the Veteran's service-connected anxiety with depression.

The Veteran's lumbosacral sprain and bilateral lower extremity peripheral neuropathy were denied increased ratings. The lumbosacral sprain was not rated higher than 20 percent, while the right and left lower extremity peripheral neuropathies each received a 20 percent rating effective January 10, 2019.

The Veteran's claim for a 10 percent rating for allergic rhinitis was granted. Service connection claims for right foot and left foot Achilles tendon conditions, right knee disability, left hip disability, and OSA were all denied or remanded.

The Veteran's appeals for a total disability rating based on individual unemployability, service connection for low back disability, and service connection for an acquired psychiatric disorder have been dismissed due to the death of the appellant.

The Board denied service connection for bilateral hearing loss, PFB, left knee disability, right knee disability, sleep apnea, IBS, acid reflux disability, hemorrhoids, low back disability, left hip disability, right hip disability, pes planus, left foot disability, right foot disability, left ankle disability, and right ankle disability. The issues of service connection for these conditions are REMANDED.

The Board has granted service connection for tinnitus, left ankle tendonitis, and sleep apnea. Service connection for a left wrist disability is denied.

The Board has determined that the Veteran's claimed conditions of bilateral hearing loss, tinnitus, respiratory disorder, sleep apnea, and tremors (to include Parkinson's disease) are not related to his military service.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, effective March 9, 2020.,Prior to March 9, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From March 9, 2020, it is rated at 40 percent.,The Veteran's lumbosacral strain is increased from 10 to 40 percent effective March 9, 2020.

The Board has remanded the cases for additional development and consideration, including obtaining retrospective medical opinions on the severity of the Veteran's rosacea and facial scars from December 2015 until February 6, 2020.

The Board has remanded the claims for cerebellar ataxia, prostate cancer, kidney stones, gastroesophageal reflux disease (GERD), hypertension, and obstructive sleep apnea due to outstanding VA treatment records that need to be obtained.

The Veteran's claims for service connection for sleep disorder, to include sleep apnea, and for TDIU are being remanded due to the need for additional development. The claim for TDIU is inextricably intertwined with the service connection claim.

The Board has remanded the cases for additional development due to incomplete medical opinions from a previous VA examination.

The Board has remanded the claim for service connection of sleep apnea, which is secondary to service-connected PTSD. The Veteran's attorney provided evidence suggesting a correlation between PTSD and sleep apnea, but the VA examiner found insufficient evidence to establish causation or aggravation.

The Board denied service connection for erectile dysfunction and obstructive sleep apnea (OSA) as secondary to diabetes mellitus.,The Veteran's PTSD was also denied, with the Board finding that his occupational and social impairment did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for obstructive sleep apnea and prostate condition due to insufficient medical opinions addressing the etiology of these conditions. The Veteran is seeking service connection for both conditions, with the latter potentially related to herbicide exposure.

The Veteran's major depressive disorder is granted service connection, with the opinion that it was caused by his military experiences.,Service connection for diabetes mellitus, type II, is denied as there is no evidence of onset in or within one year after service separation. The Board notes that the Veteran had risk factors but no objective findings of diabetes during service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is directly related to his service or caused by his service-connected psychiatric disability. Additional medical opinions are needed.

The Veteran's appeals for increased ratings and service connection were dismissed due to his withdrawal of the issues. The Board also noted that new VA examinations are needed for some of the disabilities on appeal.