Sleep apnea decisions — 2022

The Veteran's claims for service connection for acquired psychiatric disorder, heart disorder, lung disorder and obstructive sleep apnea have been denied as the evidence does not support a finding of in-service incurrence or exposure to conditions that would warrant these diagnoses.

The Board denied the Veteran's claims for a higher initial rating for left hip bursitis and service connection for sleep apnea. The Veteran was not granted any of his requested benefits.

The Veteran's claim for service connection for obstructive sleep apnea was denied, and his rating for degenerative arthritis with disc disease and spinal stenosis was reduced from 40% to 10%. His claim for individual unemployability due to major depressive disorder was granted.

The Board has remanded the case due to a failure to properly notify the Veteran and appellant of their rights in a simultaneously contested claim, including the right to a hearing, representation, and submission of evidence.

The Veteran's TDIU claim was granted effective December 20, 2019. The Board found that this is the appropriate effective date because it is the earliest possible date for a grant of TDIU given the Veteran met the schedular criteria for a TDIU on that date.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the lack of an opinion on whether the Veteran's sleep apnea is related to his service-connected disabilities.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment since April 13, 2018.

The Veteran's service-connected disabilities, including obstructive sleep apnea, chronic frontal sinusitis, and migraine headaches, have rendered him unable to maintain substantially gainful employment since April 24, 2014. The Board found that the combination of these conditions has prevented the Veteran from maintaining such employment.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to or aggravated by his service-connected sinusitis and allergic rhinitis.

The Board has decided to remand the case due to incomplete development and need for additional medical opinions regarding the relationship between the Veteran's service-connected disabilities, obesity, and obstructive sleep apnea.

The Veteran's service-connected disabilities do not render him unable to maintain gainful employment, and the Board denied his claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Board has decided to remand the case due to inadequate VA examination and inaccurate factual premise in a private opinion. The Veteran's sleep apnea disability is not related to service, specifically his enlarged tonsils and snoring, waking up out of breath, and fatigue during service.

The Board denied a rating in excess of 20 percent for lumbosacral strain with degenerative joint disease, finding that the evidence did not support such an increase.

The Board has remanded the Veteran's claims for a disability rating and TDIU due to inadequate previous VA examination reports. The Veteran is seeking increased ratings for his service-connected lumbosacral degenerative arthritis, which was previously rated as 10%, 20%, and 40% prior to January 14, 2020, from January 14, 2020 to December 21, 2020, respectively. The Veteran is also seeking a TDIU prior to January 14, 2020.

The Board has denied service connection for obstructive sleep apnea (OSA) and remanded the remaining issues due to lack of current diagnosis. The Veteran's claims for low back, hip, leg, hypertension, and psychiatric disorders are being remanded for additional development.

The Board has granted service connection for obstructive sleep apnea, but the appeal is remanded for further development on other issues including hypertension, chronic fatigue syndrome, thyroid disability, low back disability, and degenerative arthritis.

The Veteran's service-connected acquired psychiatric disorder interfered with his ability to diet and exercise, leading to obesity which caused his obstructive sleep apnea. As a result, the Board granted service connection for obstructive sleep apnea.

The Veteran's appeal for higher ratings and TDIU was denied. The initial rating for reversible obstructive airway disease prior to May 25, 2022 is denied as the disability does not meet the criteria for a higher rating under DCs 6604-6602. For the period from May 25, 2022, the Veteran's disability remains at 30 percent and no higher rating is warranted. The Board also found that the Veteran was unemployable due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a current disability during or within one year after service and concluding that the diagnosis was not related to any in-service injury or disease. The Board also found that diabetes mellitus did not cause or aggravate the sleep apnea.

The Board has found that the Veteran does not have a current diagnosis of a sleep disorder distinct from his service-connected GAD and non-service-connected sleep apnea. The Board has also remanded for additional development regarding service connection for sleep apnea and GERD.