Sleep apnea decisions — 2022

The Veteran's lumbosacral strain with degenerative arthritis of the spine is granted a 40 percent rating, but no higher. The issue of a separate rating for a neurological disability in the bilateral lower extremities is remanded.

The Board has remanded the case due to incomplete development and a need for an updated VA examination.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Veteran's claims for increased ratings for PTSD and OSA were denied. The Board found that the evidence did not support a rating in excess of 70 percent for PTSD or 50 percent for OSA.

The Veteran's OSA with asthma disability was granted a 60 percent rating from May 21, 2013 to March 18, 2019. From March 19, 2019 onward, the Veteran is still entitled to a 60 percent rating.

The Veteran's petition to reopen claims for service connection for diabetes mellitus type II, bilateral lower extremity peripheral neuropathy, and bilateral upper extremity peripheral neuropathy as secondary to diabetes mellitus type II is granted. The claim for service connection for obstructive sleep apnea, including as due to PTSD, is remanded.

The Veteran withdrew his appeal for service connection for sleep apnea, which was secondary to service-connected lumbar strain with degenerative joint disease and lumbar radiculopathy. The Board dismissed the appeal as a result.

The Board has determined that additional opinions are needed to address whether the Veteran's ulcer disability and obstructive sleep apnea were aggravated by his service-connected PTSD. The rating for PTSD is also remanded, as well as the claims for TDIU and SMC based on need for aid and attendance.

The Board has granted service connection for retinitis pigmentosa, finding that the Veteran's condition was aggravated by an in-service injury and is at least as likely as not related to his active duty service.

The Veteran's glioblastoma and obstructive sleep apnea are both found to be related to his military service.

The Veteran was granted a 100 percent rating for sarcoidosis with OSA effective August 20, 2015.,However, the Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) benefits was denied.

The Veteran's disability ratings for post traumatic headaches and radiculopathy of the right lower extremity were not properly reduced, as there was no evidence showing improvement in his ability to function under ordinary conditions.

The Board has remanded the case due to inadequate opinion regarding the relationship between the Veteran's sleep apnea and service-connected PTSD with major depressive disorder, as well as the need for additional VA treatment records.

The Board has remanded the Veteran's claims for left knee condition, right knee condition, and low back condition due to insufficient opinions regarding their relationship to service.

The Board denied service connection for obstructive sleep apnea (OSA) as there is no evidence linking the condition to active duty, despite the Veteran's reports of trouble sleeping during service. The September 2022 VA examiner found no link between OSA and service.

The Veteran's claim for service connection for obstructive sleep apnea to include as secondary to his service-connected other specified depressive disorder has been withdrawn and dismissed. The Veteran's acquired psychiatric disorder, specifically other specified depressive disorder, is granted a rating of 50 percent prior to March 22, 2022, but the issue of entitlement to TDIU remains pending.

The Board has remanded the case due to inadequate examination and conflicting statements from the Veteran's brother regarding chiropractic treatment. The examiner is asked to address the nature of any back disabilities present during the appeal period, their etiology, and whether they are related to service.

The Board has remanded the claims for bilateral hearing loss, stomach ulcers (also claimed as abnormal z-line), low back condition (claimed as spinal cord injury), acid reflux, sleep apnea, depression (also claimed as insomnia), atrial fibrillation (also claimed as aortic aneurysm), and posttraumatic stress disorder (PTSD) (also claimed as insomnia, anxiety, nightmares).

The Veteran's melanoma scar and lumbosacral sprain/strain disability are being remanded for additional development, including a new VA examination to assess the severity of his low back disability.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected low back disability aggravated his obesity, which may have contributed to his obstructive sleep apnea.