Sleep apnea decisions — 2022

The Veteran's service-connected disabilities are found to have caused his obesity, which was a substantial factor in the development of his Obstructive Sleep Apnea and Right Knee Disability. Service connection is granted for these conditions.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and sleep disturbances (including insomnia), finding that there was no evidence to support a direct or secondary relationship between these conditions and his active duty service, including as secondary to his service-connected undifferentiated type schizophrenia with psychosis. The Board also found that the Veteran's sleep disturbances were not related to his in-service complaints of insomnia.

The Board denied service connection for OSA, hypertension, GERD, low back disability, and ED all stemming from the Veteran's honorable period of service. The Board found that these conditions did not have their onset during his honorable period of service.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition is not related to his military service or any service-connected conditions.

The Veteran's testimony was heard and his SSA disability benefits were noted. The case is being remanded to obtain the Veteran's complete SSA records.

The Veteran's IBS is rated at 30 percent prior to February 24, 2012. A separate 30 percent rating for fecal incontinence due to IBS is granted. The issue of service connection for OSA related to the Veteran's service in Southwest Asia (SWA) theater of operations is remanded.

The Veteran's PTSD with TBI resulted in occupational and social impairment prior to October 19, 2018. The Board granted a 70 percent rating for this period. Sleep apnea was remanded due to lack of probative value in the November 2020 VA examination. Right knee internal derangement and low back disability were also remanded.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis is related to his military service and considering his lay statements of continuous symptoms since separation.

The Veteran's claim for TDIU was denied as his service-connected disabilities did not preclude him from securing and following a substantially gainful occupation, except for the period prior to September 1, 2015. The Board found that the Veteran had worked in a protected work environment since September 1, 2015.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, citing issues with missing VA and Social Security Administration (SSA) records that may be relevant to substantiating his claim.

The Veteran's tinnitus and sleep apnea are granted service connection, while a 50% rating is granted for his degenerative arthritis of the lumbar spine. The issues related to these conditions have been resolved.

The Board denied service connection for Major Depressive Disorder, Obstructive Sleep Apnea, and Parkinson's Disease as there was no evidence of an in-service event or injury that could be linked to these conditions.,There were no service records showing any complaints, treatment, or diagnoses related to the claimed conditions. The Veteran did not provide credible testimony regarding in-service stressors for Major Depressive Disorder.

The Veteran's lumbar strain is rated at 40 percent, and her exercise induced asthma is rated at 30 percent. The claim for TDIU was denied.

The Board has remanded the case for additional development on issues related to a higher rating for right thumb injuries and TDIU. The Veteran's employment history is unclear, and his Social Security Administration (SSA) disability benefits claim records are needed.

The Board has remanded the Veteran's claim for sleep apnea, as secondary to PTSD, due to conflicting theories of service connection and need for additional development.

The Board has denied the Veteran's claim for an initial rating in excess of 30 percent for cervical strain disability and remanded his claims for service connection for various nerve disorders. The decision also noted that additional medical opinions are needed to address the etiology of these conditions.

The Veteran's service connection claims for PTSD, OSA, cervical spine degenerative joint disease with radiculopathy, left ribs contusion, right elbow strain, bilateral hand strain and degenerative arthritis (other than posttraumatic) of the bilateral hands, and low back degenerative disc disease have been granted.

The appeal for an initial rating in excess of 10 percent for residuals of a cholecystectomy has been dismissed. The Board has remanded the issues of service connection for bilateral hearing loss, tinnitus, sleep apnea, PTSD due to MST, residuals of a broken nose, and allergic rhinitis (claimed as sinusitis) to allow for further development.

Effective dates of June 1, 2006 for LLE radiculopathy and April 13, 2015 for RUE and LUE radiculopathy have been granted.

The Veteran's service connection claim for sleep apnea is granted as his current diagnosis of obstructive sleep apnea is related to his military service.