Sleep apnea decisions — 2022

The Veteran's thoracolumbar spine disability is rated at 40 percent, but no higher, and his radiculopathy of the left lower extremity is rated at 20 percent for the period prior to September 13, 2021. The Veteran's radiculopathy of the right lower extremity is rated at 60 percent, but no higher.,The Veteran's thoracolumbar spine disability and his radiculopathy of the left lower extremity are not entitled to increased ratings.

The Board has remanded the cases for additional development and examination. The Veteran's claims for service connection are not granted.

The Board has remanded the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is related to his active-duty service or if it is aggravated by his service-connected sinusitis and/or COPD. The case will be returned for further development.

The Board has dismissed the Veteran's claims for service connection for sinusitis and bilateral hand disability. The claim for secondary service connection of sleep apnea to depressive disorder is remanded due to insufficient evidence.

The Veteran's appeals for increased ratings were denied, and the issues of entitlement to increases in disability ratings for lumbosacral strain, duodenitis with IBS, and paroxysmal atrial fibrillation (PAF) are remanded.

The Veteran's back disability is currently rated at 20 percent, and the Board denied a higher rating. The case was remanded for additional development.,Right knee instability and dislocated semilunar cartilage prior to March 26, 2018 are granted with separate ratings of 20 percent each. Right total knee replacement from May 1, 2019 is denied a rating greater than 30 percent. Major depressive disorder is granted a 70 percent rating.,The case was remanded for additional development regarding radiculopathy and the Veteran's right knee issues.

The Board has remanded the issues for further consideration due to inadequate examinations and lack of records from 2018.

The Veteran's PTSD symptoms did not cause the level of impairment required for a disability rating of 70 percent or higher prior to September 14, 2020. The Board found that his symptoms more closely approximated the symptoms associated with a 50 percent rating and resulted in occupational and social impairment with reduced reliability and productivity.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected asthma, finding that there is no direct relationship between OSA and active service and that the evidence does not support a finding of aggravation by his service-connected asthma.

The Board has remanded the Veteran's claim of service connection for sleep apnea due to its potential relationship with his service-connected PTSD. The case is sent back for an additional VA medical opinion regarding whether the sleep apnea is proximately due to or aggravated by the PTSD.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his active service.

The Board has denied service connection for hypertension and has remanded the issue of whether obstructive sleep apnea is proximately due to or aggravated by a service-connected condition.

The Board has remanded the issues of increased evaluations for cervical spine disability, left and right upper extremity radiculopathy due to additional development being needed. The Veteran may have outstanding treatment records that need to be obtained, and a new VA examination is required to evaluate the current severity of his service-connected disabilities.

The Board has remanded the Veteran's claims for additional development due to errors in denying service connection on a direct basis without explaining why an examination and opinion considering direct service connection was not warranted.

The Veteran's claim for a rating in excess of 30 percent for other specified trauma and stressor related disorder was denied, as the evidence did not support symptoms consistent with a higher rating. The claim for TDIU prior to March 7, 2022, was also denied due to the Veteran's service-connected disabilities not rendering him unable to obtain or maintain substantially gainful employment.

The Board has granted service connection for obstructive sleep apnea and remanded the remaining issues of service connection for an acquired psychiatric disorder, IBS, low back disorder, and radiculopathy.

The Board has remanded several issues related to the Veteran's claims, including PTSD and psychiatric conditions, sleep apnea, migraines, prostate cancer, and SMC based on loss of use of a creative organ. The reasons for these remands include inadequate VA opinions and inextricably intertwined service connection theories.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including bilateral hearing loss, tinnitus, PTSD, deviated nasal septum, and hypertension.

The Board has denied service connection for a visual field disability, including retinitis pigmentosa sine pigmento, as the condition is not related to the Veteran's active duty military service.

The Board has decided to remand the case due to a lack of an examination to determine if the Veteran's sleep apnea is related to service. The Veteran needs to be examined by VA to provide an opinion on this matter.