Sleep apnea decisions — 2022

The Veteran's appeal is remanded for further development regarding his claims of increased disability ratings for residuals of a gunshot wound to the left upper extremity, lumbosacral strain with degenerative arthritis, and radiculopathy of both lower extremities.

The Veteran's appeal for fibromyalgia has been withdrawn. The Board has remanded the claims of service connection for headache disorder, OSA, and insomnia/somatization disorder.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is related to his in-service head trauma and service-connected headaches.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected psychiatric disorder.

The Board has granted service connection for an acquired psychiatric disability, sleep apnea, and peripheral neuropathy due to presumed herbicide agent exposure. Service connection was denied for onychomycosis, obesity, and GERD.

The Board has granted the Veteran's claims for service connection for Obstructive Sleep Apnea secondary to PTSD and Bilateral Lower Extremity Peripheral Neuropathy secondary to Diabetes Mellitus Type II. The preponderance of evidence supports these findings.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has granted a TDIU. The claim for an increased rating for PTSD is remanded due to evidence of worsening.

The Board denied service connection for heart disease and obstructive sleep apnea, finding no evidence of a current disability related to active duty or Reserve service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a current disability in service or within a reasonable time thereafter and no evidence linking the condition to his service-connected PTSD.

The Board remands the claims for further evidentiary development and to ensure compliance with prior remand instructions.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to January 11, 2020 and at most a 10 percent rating thereafter.,The Veteran's IBS does not meet the criteria for a higher than 10 percent rating based on severity of symptoms.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for an effective date earlier than December 30, 2010, for a 10 percent evaluation for lumbosacral strain is dismissed as the appeal represents a freestanding claim and not a request to revise a final decision based on CUE.,The Veteran's claim for an effective date earlier than August 13, 2013, for service connection of radiculopathy of the left lower extremity is denied as the earliest date that it can be factually ascertained that radiculopathy was demonstrated is August 13, 2013.,The Veteran's claim for a 30 percent rating for obstructive sleep apnea (OSA) is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for a 10 percent rating for tinnitus is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for service connection for a hip disability is denied due to lack of current diagnosis.

The Veteran's bilateral plantar fasciitis is rated at 30 percent, which is the maximum under Diagnostic Code 5276.,Prior to July 22, 2021, the Veteran's lumbosacral strain was rated at 10 percent and from July 22, 2021, it has been rated at 20 percent.

The Board has remanded the cases for further development due to inadequate opinions regarding service connection for OSA and an increased rating for DDD of the thoracolumbar spine.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not proximately due to or aggravated by his in-service nose fracture.

The Veteran's appeal for higher ratings for lumbosacral strain is remanded due to the need for additional VA medical examinations and/or opinions.

The Veteran's service connection for obstructive sleep apnea, bilateral pes planus with pronounced symptoms, right lower extremity radiculopathy, and lumbosacral spine degenerative disc disease are granted. The Veteran is also entitled to a maximum schedular rating of 50 percent for his bilateral pes planus.

The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and after repeated use over time.