Sleep apnea decisions — 2022

The Veteran's service connection claims for major depressive disorder, bilateral hearing loss, tinnitus, and several other conditions are granted. The remaining issues of service connection for knee, shoulder, headache, sleep apnea, and diabetes disorders are remanded for further development.

The Veteran's TDIU and SMC claims for migraine headaches are granted, with the effective date being December 1, 2016. The Veteran is now eligible for both benefits due to his service-connected disabilities.

The Board denied a disability rating in excess of 40 percent for the Veteran's lumbar spine disability, finding that there was no actual or functional unfavorable ankylosis of the entire thoracolumbar spine or of the entire spine.

The Board has remanded the Veteran's claims for service connection due to incomplete opinions and need for additional development. The issues include psychiatric disorders, obstructive sleep apnea, hypothyroidism, diabetes mellitus, Parkinson's disease, carpal tunnel syndrome, and peripheral neuropathy.

The Veteran's claims for earlier effective dates for the awards of service connection for PTSD and lumbosacral strain were denied.,His claim for an initial rating in excess of 70 percent for service-connected PTSD was also denied.

The Veteran's appeal for an initial compensable evaluation for sleep apnea is remanded. The appeal for TDIU and earlier effective date for PTSD on CUE basis has been withdrawn by the Veteran's representative.

The Veteran's back disability and associated bilateral lower extremity radiculopathy are remanded for further examination to determine the current nature and severity of his service-connected conditions.

The Board has remanded the Veteran's claims for service connection for sleep apnea, an acquired psychiatric disorder (to include anxiety, depression, other substance use disorder, and PTSD), and TDIU due to lack of a diagnosed disability in service.

The Veteran's PTSD was rated at 70 percent prior to October 11, 2018, and the Board found that this rating is appropriate given his occupational and social impairment with deficiencies in most areas.,From October 11, 2018, the Veteran's PTSD did not warrant a higher disability rating as he was not experiencing total occupational and social impairment.

The Veteran's service-connected disabilities, including PTSD, Lumbosacral Degenerative Joint Disease, Left Shoulder Strain, Right Shoulder Strain, Cervical Spine Degenerative Joint Disease with Spondylosis, Tinnitus, and Right Knee Meniscal Tear Residuals, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities alone preclude substantially gainful employment, and the Board has granted a total disability rating based upon individual unemployability (TDIU).

The Veteran's initial disability rating for sleep apnea is being remanded due to the need for further evaluation of his significant shortness of breath and prior incidents with low oxygen saturation levels.

The Board has remanded the Veteran's claims for service connection for a back disorder and obstructive sleep apnea due to inadequate previous opinions. The VA will obtain new medical opinions addressing whether these conditions are related to service or service-connected disabilities.

The Board has remanded several service connection claims due to the Veteran's unverified Coast Guard service. The claims for sleep apnea, headaches, skin disorder, colon disorder, and asbestosis are being reviewed again. The tinnitus and gastrointestinal disorder reopening claims are also being reviewed.

The Veteran's cervical spine disorder and bilateral hearing loss are remanded for additional medical opinions. The lumbosacral strain, left lung spontaneous pneumothorax, narcolepsy, and right wrist fracture status post fusion of the carpal bones require new examinations to determine their current levels of severity.

The Board has remanded the Veteran's claims for service connection for tinnitus, bilateral hearing loss, sleep apnea, nasal polyps, deviated nasal septum, and hypertrophy of nasal turbinates due to insufficient evidence or inadequate examination.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused his obesity, which in turn may have contributed to his sleep apnea.

The Board has remanded the Veteran's claims for service connection due to lack of diagnoses and failure to afford VA examinations. The claims are now pending with the RO.

The Veteran's lumbosacral strain with degenerative disc disease, arthritis and IVDS is rated at a 40 percent effective February 7, 2012. Service connection for joint pain is denied.

The Veteran's obstructive sleep apnea was incurred during his active service and the Board has granted service connection for this condition.