Sleep apnea decisions — 2022

The Board has granted service connection for left knee injury, left foot disability, respiratory disability (asthma and obstructive sleep apnea), and ulcerative colitis. The Veteran's conditions are deemed to have started during his military service.

The Veteran's sinusitis was granted service connection. The Board found that the Veteran's character of discharge for the period from January 2005 to October 2008 should be remanded, as well as his claims for psychiatric disorders, cervical spine disorder, lumbar spine disorder, sacroiliac weakness, bilateral knee disorder, bilateral leg shin splints, bilateral ankle disorder, bilateral hammertoes, bilateral foot disorder, hypertensive heart disease, high blood pressure, emphysema, COPD, bronchiectasis, sleep apnea, maxilla oral surgery scarring, tooth loss and periodontal disease, skin cancer, facial scarring, and hemorrhoids.

The Board has determined that there are outstanding VA and non-VA treatment records, as well as service treatment records, which need to be obtained in order to make a determination on the Veteran's claims for service connection for degenerative joint/disc disease of the lumbosacral spine and osteoarthritis of the left knee. The Board also found that the previous VA opinions were deficient and requested addendum opinions from an appropriate examiner.

The Board denied the Veteran's claims of service connection for muscle pain, joint pain, chronic fatigue, sleep apnea, and an acquired psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Veteran's sleep apnea is not considered secondary to his service-connected PTSD.,There is insufficient evidence to establish a direct relationship between the Veteran's current bilateral knee disabilities and his military service.

The Veteran's sleep apnea, headaches, bilateral hip disability, and right knee disability are all found to be related to his service-connected disabilities.,Service connection is granted for the Veteran's bilateral hip and right knee disabilities as they are considered direct service connections.

The Board denied service connection for a left knee disability, right shoulder and elbow disabilities (both secondary to the service-connected left shoulder disability), cervical spine disability, OSA, and tinnitus. The Veteran's current conditions are not considered service connected.,Service connection was denied for all issues except for tinnitus, which was granted.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's sleep apnea and his military service.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to April 11, 2019. Effective April 11, 2019, the Veteran is entitled to TDIU based solely on his left ankle disability and SMC for aid and attendance due to his service-connected left ankle disability.

The Board denied the Veteran's claims for service connection for a lumbosacral spine disability and an initial compensable rating for bilateral hearing loss. The decision is remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for an updated examination to determine the current nature and severity of his service-connected bilateral hearing loss.

The Veteran's claim for service connection for sleep apnea was granted. However, his request for a higher rating for loss of sense of taste and compensation purposes for the loss of teeth numbers one and two were denied.,VA also denied the Veteran's request for an earlier effective date for service connection for compensation purposes for the loss of teeth numbers one and two.

The Veteran's service-connected degenerative joint and disc disease of the lumbosacral spine with intermittent spasms is rated at 20 percent effective July 16, 2009. His tinea pedis (severe athlete's foot) is also rated at 20 percent effective July 16, 2009.

The Board has granted service connection for tinnitus, obstructive sleep apnea (OSA), type II diabetes mellitus, and lumbar spine condition. The Veteran's claims for diabetic retinopathy, erectile dysfunction (ED), and hypertension are being remanded due to the lack of a rationale in the existing medical opinions.,The Board has not assigned a disability rating or effective date as these issues have been remanded.

The Veteran's PTSD is rated at 50% and granted a higher rating to 70%. The Board also granted service connection for GERD as secondary to PTSD, and OSA as secondary to PTSD.

The Board has decided to remand the case due to inadequate compliance with previous remands. The Veteran's claim for service connection for a low back disability is being remanded for further development and an addendum VA opinion.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The case will be reviewed again with a new examination and opinion.

The Board has granted service connection for sleep apnea and left ankle disability, finding that the Veteran's symptoms began during his military service and have continued since.

The Veteran's obstructive sleep apnea is found to be related to her active duty service, and the claim for service connection is granted.

The Veteran's major depressive disorder is granted service connection. The Board has also remanded the issues of obstructive sleep apnea and erectile dysfunction secondary to major depressive disorder for further development.

The Veteran is granted special monthly compensation (SMC) at the housebound rate on and after August 24, 2021. SMC based on a need for aid and attendance of another person is denied.