Sleep apnea decisions — 2022

The Board has decided that the claim for service connection for OSA due to PTSD needs further development and a remand is ordered.

The Veteran's service-connected back and neck conditions rendered her unable to secure or follow a substantially gainful occupation prior to November 29, 2021. The Board granted TDIU on an extra-schedular basis for this period.

The Board denied service connection for a brain injury, finding that the Veteran's claim is not supported by evidence of in-service injury or aggravation. The appeal was also denied for SMC based on need for aid and attendance or housebound status due to multiple disabilities.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of sleep apnea began during his active military service.

The Veteran's claims for service connection for fibromyalgia, chronic fatigue syndrome, and sleep apnea have been withdrawn. The claims for increased PTSD evaluation prior to August 5, 2019 and bilateral hearing loss are being remanded for further development.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and the Board denies his claim for a TDIU.

The Board has remanded the case due to insufficient compliance with prior remand directives, specifically regarding obtaining private treatment records.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions provided in February 2020. The claims for service connection for cervical spine, right foot, left foot, right hip, left hip, right shoulder and left shoulder disabilities are still pending.

The Veteran's gastrointestinal condition, including erosive gastritis, is granted service connection. The right and left hand arthritis are denied as not related to service. Right knee and left knee osteoarthritis and sleep apnea are remanded for further examination.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his condition did not manifest during service and is not causally related to any in-service event or injury.

The Board has determined that the Veteran's sleep apnea first manifested during service and granted service connection for this condition.

The Veteran withdrew his appeals, including this one, prior to the Board making a decision.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.

The Board dismissed the Veteran's appeal for a higher rating of diverticulitis and denied his service connection claims for sleep apnea, left knee condition, right knee condition, back condition with lumbago, and residuals of nasal surgery.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected irritable bowel syndrome. His bilateral pes planus was granted a 10% rating prior to October 22, 2017 and a 30% rating thereafter. The facial scars are not considered incurred in service.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is related to his service-connected asthma. A new VA examination and opinion are needed to determine if the Veteran's sleep apnea was caused or aggravated by his service-connected asthma.

The Veteran's appeal is remanded for referral to the Director of Compensation Service for extraschedular consideration of his claim for TDIU prior to December 27, 2011.

The Board has dismissed all appeals as the Veteran withdrew his claims for service connection and ratings in excess of 20 percent, 30 percent, or compensable for various conditions. The RO granted service connection for sleep apnea.

The Veteran's sleep apnea with asthma and sarcoidosis is currently rated at 50 percent, the maximum schedular rating available. The Board found that a higher rating was not warranted as his disability did not meet criteria for a higher rating under Diagnostic Codes 6847 (sleep apnea), 6602 (asthma), or 6846 (sarcoidosis).

The Board has remanded the Veteran's claims for service connection for a right knee disorder and sleep apnea due to issues with continuity of symptomatology, need for additional medical opinions regarding etiology, and potential MUCMI considerations.