Sleep apnea decisions — 2022

The Veteran's tinnitus was granted service connection as it began during service and has continued since separation. Service connection for benign prostatic hyperplasia with urinary obstruction and urinary frequency, diabetes mellitus, type II, obstructive sleep apnea (OSA), thyroid disorder, and heart disability were denied due to lack of evidence linking these conditions to service.

The Board has remanded the case due to insufficient development regarding the nature and etiology of the Veteran's OSA, including its relationship to service-connected conditions.

Service connection is granted for tinnitus, erectile dysfunction (ED), obstructive sleep apnea (OSA), hyperthyroidism, a chronic disability manifested by diarrhea, neck condition, degenerative arthritis of the thoracolumbar spine, right knee degenerative arthritis, and right ankle osteoarthritis.,Service connection is remanded for left knee condition, bilateral hearing loss (BHL), diabetes, hypertension, kidney condition, residuals of a pilonidal sinus cyst, and bilateral foot condition.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service, specifically his time in Somalia.

The Veteran's service-connected disabilities alone do not render him unable to obtain or maintain substantially gainful employment consistent with his past work history, education, training, and skills.

The Veteran's sleep apnea is found to be at least as likely as not related to service, and therefore service connection for sleep apnea is granted.

The Veteran's claim for service connection for his sleep disorder, including obstructive sleep apnea and psychiatric disability, is remanded due to the need for a VA examination to determine the nature and etiology of his sleep disorder.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's sleep apnea, which is currently considered a direct service connection issue.

The Veteran's appeal for service connection for Obstructive Sleep Apnea (OSA) was dismissed because the Veteran's representative withdrew the appeal.

The Veteran's service-connected disabilities, including headaches, sleep apnea, and knee problems, have rendered him unable to secure or maintain substantially gainful employment since December 18, 2018. The Board has granted a total disability rating based on unemployability (TDIU) effective from that date.

The Board has remanded several issues for further development, including obtaining additional medical records and conducting new examinations to assess the severity of the Veteran's conditions.

The Veteran's hematuria and lumbosacral strain have been rated at the maximum available rating of 40 percent. The Board found that his symptoms do not warrant a higher rating due to lack of evidence of ankylosis or incapacitating episodes.

The Veteran's service-connected PTSD is granted with a 70 percent evaluation, effective from December 20, 2009. Obstructive sleep apnea is also granted as secondary to obesity resulting from his service-connected disabilities.

The Board denied service connection for obstructive sleep apnea (OSA) as it was not incurred in service.

The Board has decided to remand the Veteran's claim for service connection of lumbosacral strain with degenerative disc disease and arthritis of the lumbar spine due to inadequate examination and missing records. The Veteran asserts his back condition is related to in-service accidents, but a VA examiner needs to review all relevant evidence including post-service medical records from Germany.

The Board has remanded the claims for service connection for heart disease and OSA due to inadequate medical opinions. The Veteran's pre-existing conditions are being evaluated again, with a focus on whether they were caused or aggravated by his service-connected type II diabetes mellitus.

The Veteran's service-connected disabilities, including obstructive sleep apnea, bilateral plantar fasciitis with pes planus, lumbosacral strain and degenerative disc disease, left lower extremity radiculopathy of the femoral nerve, onychomycosis, migraine headaches, and corneal opacity in both eyes, have caused him to be unemployable since June 3, 2019. The Board has granted a TDIU effective June 3, 2019.

The Veteran's lumbosacral strain with DDD is currently rated at 20 percent, but the Board has found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent and this rating is maintained for the entire appeal period. The Veteran was also granted service connection for COPD.

The Board has granted the Veteran's claims of service connection for migraine headaches, left knee condition (patellofemoral pain syndrome), and obstructive sleep apnea. The appeals are remanded for further action on the remaining issues.

The Veteran's persistent depressive disorder is rated at a 70 percent rating since August 22, 2003. The Board found that the symptoms did not rise to the level of total occupational and social impairment.