Sleep apnea decisions — 2022

The Veteran's claim for a rating of 10 percent for residuals of scar on the right lower leg from January 11, 2022, and no earlier, is granted. Service connection for PTSD and depression is also granted, but service connection for other conditions like a bilateral foot disorder, neck or cervical spine disorder, sleep apnea, and gastritis are denied.

The Board has remanded the claim for service connection for sleep apnea due to incomplete opinions from the April 2022 VA examiner.

The Veteran's claims for service connection for a lumbosacral spine disorder, bilateral patellofemoral pain syndrome of the knees, and an acquired psychiatric disorder other than PTSD are being remanded due to inadequate analysis regarding the presumption of soundness.

The Veteran is granted service connection for chondrosarcoma of the brain and a headache disorder, both related to his military service.,Service connection is also granted for bilateral knee disorder but denied for bilateral ankle disorder.

The Veteran's MDD with anxiety disorder is currently rated at 70 percent, effective April 20, 2015. The RO has also granted service connection for sleep apnea as secondary to his service-connected MDD and lumbar spine conditions.,The Board finds that the Veteran's bilateral knee conditions are remanded for further development.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Board has granted an initial 20 percent evaluation for the Veteran's lumbar spine disability, effective May 4, 2022. The disability picture throughout the appeal period demonstrates a combined range of motion not more than 120 degrees when factoring in functional impairment during repetitive use and flare-ups.

The Board has decided to remand the case due to the need for a VA opinion regarding whether service connection is warranted on a secondary basis, and also for a new direct opinion. The Veteran's claim of Obstructive Sleep Apnea will be reconsidered after these additional evaluations.

The Veteran's appeals for service connection have been dismissed due to his withdrawal of the appeal.

The Veteran's sleep apnea with bronchial asthma was granted a 50% rating prior to June 9, 2017 and remains at that level after the date of remand. The Board found that his predominant disability was obstructive sleep apnea, warranting a 50% rating under Diagnostic Code 6847.

The Veteran's appeal to reopen his claim of entitlement to service connection for sleep apnea has been dismissed as he requested withdrawal prior to the decision being made.

The Board has granted service connection for the Veteran's sleep apnea, finding that his symptoms began in service and are related to his current condition.

The Veteran withdrew their appeal for sleep apnea, so the case is dismissed.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been rated, but the issues of service connection for a psychiatric disorder and TDIU are being remanded.

The Board has granted service connection for sleep apnea as secondary to PTSD, and the issue of entitlement to TDIU is remanded.

The Veteran's appeal is remanded due to duty-to-assist errors and the need for additional medical opinions regarding his respiratory disability.

The Board has determined that the evidence is insufficient to establish service connection for sleep apnea on a direct basis and requires additional medical opinion regarding whether it was caused by or aggravated by service-connected PTSD.

The Veteran's bilateral hearing loss, obstructive sleep apnea, migraines, and hiatal hernia with GERD have resulted in a compensable rating of zero percent. The Board has granted an earlier effective date of March 5, 2018 for Total Disability based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA).

The Veteran's entitlement to service connection for obstructive sleep apnea and bilateral hearing loss is granted. The Board found that the onset of these conditions began in service, with evidence supporting a link between noise exposure during service and current symptoms.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected allergic rhinitis, finding that reasonable doubt should be resolved in favor of the Veteran.