Sleep apnea decisions — 2022

The Veteran's obstructive sleep apnea is granted on a secondary basis to his service-connected anxiety disorder. The Board denied the claim for service connection for dizziness as it was found to be merely a symptom of his coronary artery disease.

The Board has determined that the evidence does not support a finding of service connection for residuals of pneumonia, bilateral flat feet (pes planus), low back disorder, right and left knee disorders, acquired psychiatric disorder (PTSD), sleep apnea, residuals of traumatic brain injury (TBI), or headaches. The Veteran's claims are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran withdrew his appeal regarding entitlement to service connection for obstructive sleep apnea before the Board could make a decision.

The Veteran's service-connected disabilities did not render him unemployable before June 25, 2019. His TDIU claim was denied as his disabilities were not severe enough to prevent him from securing and following a substantially gainful occupation.

The Veteran's right and left knee conditions are granted as service connected.,The Veteran's low back condition is also granted as service connected.

The Board has remanded the case due to a lack of a VA examination for sleep apnea and because the Veteran's claim is reopened on new evidence. The issue is whether the Veteran's current obstructive sleep apnea is related to his in-service herbicide exposure.

The Veteran's service-connected PTSD, anorexia nervosa, and major depressive disorder have resulted in total occupational and social impairment throughout the appeal period. The Board has granted a 100% disability rating for these conditions as of March 25, 2017.

The Board has remanded the Veteran's claims for PTSD, lumbosacral strain, torso (ribs) pain, left upper leg pain, and right upper leg pain due to incomplete examinations and lack of consideration of relevant evidence.

The Veteran's claims for service connection and increased rating for tinnitus have been denied. The Board found no evidence of in-service hearing loss, headaches, or OSA, and the medical evidence did not support a nexus between current conditions and service.

The Board has granted service connection for chronic adjustment disorder with depressed mood, obstructive sleep apnea, and recurrent tension headaches. The conditions are found to be related to the Veteran's active service.

The Veteran's hypertension and diabetes mellitus, type II, are rated as they currently manifest. The Board has remanded the issues of service connection for sleep apnea, arthritis, low back disability, bilateral plantar fasciitis, peripheral neuropathy, right hand, left hand, left lower extremity, and right lower extremity.,The Veteran's service-connected disabilities do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's service-connected disabilities, which include cardiomyopathy, reactive airway disease, obstructive sleep apnea, primary insomnia, right shoulder degenerative joint disease, gastroesophageal reflux disease (GERD), left and right ankle strains, bilateral lattice peripheral retinal degeneration, hypertension, erectile dysfunction, and migraine headaches, have a combined rating of 100 percent. The Veteran does not meet the criteria for an employment handicap due to his service-connected disabilities, as he has overcome any impairment to employability. Therefore, VR&E services under Chapter 31 are denied.

The Veteran's lumbosacral strain claim is remanded due to an inadequate VA examination during flare-ups and lack of consideration for objective neurologic abnormalities.,The Veteran's bilateral plantar fasciitis claim is remanded as the VA examiner did not provide a clear opinion on whether it is at least as likely as not related to service.

The Board has granted the petition to reopen the claim for service connection for OSA and has remanded the case for further development, including a VA examination.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's lumbosacral strain with herniated disc, T11-T12. The Veteran needs a new VA examination to assess the severity of his disability and determine if he experiences functional loss or ankylosis.

The Board has remanded the claims for increased initial ratings for service-connected PTSD and lumbosacral strain due to new evidence indicating a worsening of symptoms since the last VA examination. The appellant is required to provide records from his in-patient mental health hospitalization and any physical therapy treatment, as well as complete forms for private providers.

The Board has dismissed all claims due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of these appeals.

The Board has remanded the claim of service connection for sleep apnea, which is currently secondary to PTSD. The remand requires obtaining an addendum opinion from a new examiner regarding the etiology of the Veteran's sleep apnea and its relationship to his service-connected PTSD.

The Veteran withdrew his appeals for increased ratings on several cervical, lumbar, and hip conditions. The Board has dismissed these claims as a result.

The Board has remanded the Veteran's claims for additional development due to inadequate examinations and incomplete records. The issues include rating adjustments for low back disability, bilateral lower extremity radiculopathy, and TDIU.