Sleep apnea decisions — 2022

The Veteran's initial compensable rating for obstructive sleep apnea was denied, but he was granted a total disability rating due to individual unemployability (TDIU). The OSA is rated at 50% since the date of claim on October 2, 2009.

The Veteran's service-connected disabilities, including left knee disability, neck disability, sleep apnea, sarcoidosis, renal disease with hypertension, and posttraumatic stress disorder, have caused him to be unemployable prior to December 20, 2019. The Board has remanded the case for further consideration by VA's Director of Compensation Service.

The Veteran's appeal was dismissed for the issues of a rating higher than 10 percent for a low back disability, a compensable rating for a low back scar, a compensable rating for a right knee scar, and service connection for asthma. An initial 50 percent rating, but no higher, was granted for an anxiety disorder.

The Board has reopened the Veteran's claims for service connection for sleep apnea and PTSD, but has remanded them for further development to address the etiology of these conditions.

The Board has remanded the claims for sleep apnea, right hand disability, gastrointestinal disability (including liver hemangiomas), and prostate cancer due to incomplete development of records and need for additional medical examination.

The Board has determined that the VA examinations and opinions are inadequate for the issues of service connection for a brain tumor, lumbar spine disability, sleep disorder, respiratory condition, and menstrual symptoms. Therefore, these matters are being remanded to obtain additional medical opinions.

The Veteran withdrew his appeals for service connection of a back disability, toe disability, and sleep apnea.

The Board has remanded the Veteran's claim for sleep apnea due to insufficient examination and opinion regarding specific service-related symptoms.

The Board has remanded the Veteran's claims for service connection for sleep apnea and associated sleep disturbances due to new evidence presented since the May 2021 Board remand.

The Veteran's claim of entitlement to service connection for sleep apnea is denied. The Veteran's claim of entitlement to service connection for a headache condition is granted.

The Veteran's service-connected old fracture, lumbar spine with chronic lumbosacral strain is being remanded for a new VA examination to assess the severity of his disability.

The Veteran's service connection claims for obstructive sleep apnea, migraine headaches, and fatigue have been granted. The issue of service connection for a disability or undiagnosed illness manifesting in fatigue is remanded.

The Board has determined that additional development is needed to determine the etiology of the Veteran's sleep apnea and respiratory disorder, as well as whether these conditions are related to his military service.

The Veteran's sleep apnea was found to have begun during active service and has continued since then, meeting the criteria for service connection.

The Board has remanded the Veteran's claims of service connection for sleep apnea, low back disability, lumbar radiculopathy (right and left lower extremities), PTSD, and a rating in excess of 20 percent for PTSD. The issues are being remanded to determine if there is evidence that supports secondary service connection.

The Veteran's service-connected PTSD is granted with a 30% rating from July 1, 2016 to May 14, 2021. The appeal for higher ratings and TDIU prior to December 8, 2021 remains pending.

The Board has decided to remand the Veteran's claims for higher initial ratings due to a lack of recent medical records and the need for further evaluation.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected lumbar spine disability is being remanded due to the need for a new examination and consideration of outstanding VA treatment records.

The Veteran's claims for a compensable rating for service-connected hypertension and service connection for obstructive sleep apnea are remanded due to the need for updated VA treatment records and an adequate addendum etiological opinion.

The Board denied earlier effective dates for various service-connected disabilities, finding no clear and unmistakable error in the original rating decisions.