Sleep apnea decisions — 2022

The Board has denied a rating in excess of 30 percent for the Veteran's anxiety disorder, not otherwise specified. The case is remanded to determine whether service connection for sleep apnea secondary to his service-connected anxiety disorder should be granted.

The Board has decided to remand the case due to a lack of medical evidence connecting the Veteran's current sleep apnea disability to his active-duty service. The Veteran needs to be provided with an examination to determine if his sleep apnea is related to his military service.

The Veteran's claim for service connection for bilateral plantar fasciitis has been granted. The right ankle condition and OSA claims have been denied.,The Board found new and relevant evidence to warrant readjudication of the bilateral plantar fasciitis claim, but not for OSA or right ankle conditions.

The Veteran's initial rating for chronic tension headaches is denied, and his initial rating for lumbosacral strain (prior to November 23, 2019) is also denied. However, a 20% rating is granted from November 23, 2019, for the lumbosacral strain.

The Veteran's service-connected major depressive disorder, obstructive sleep apnea, and migraines were increased to a 100 percent rating in the January 2021 decision. The Veteran was also granted total disability due to individual unemployability (TDIU).

The Board denied readjudication of the claim for service connection for sleep apnea because no new and relevant evidence was submitted since the June 2016 rating decision.

The Board has reopened the claims for service connection for acid reflux, bilateral lower extremity peripheral neuropathy, residuals of left ankle fracture, and urinary incontinence secondary to a psychiatric disorder. The other claims remain denied as new evidence does not relate to these issues.

The Veteran's claims for service connection have been granted, with the exception of obstructive sleep apnea and hypertension. The Board found new and relevant evidence to support these claims.,Service connection has also been established for left knee and right knee disabilities.

The Veteran's lumbar strain with degenerative disc disease and spondylosis is granted at a 40 percent rating, effective from the date of the October 2021 decision. The bilateral lower extremity radiculopathy is also granted at a 40 percent rating.

The Board has remanded the case due to a failure to provide an adequate VA examination with appropriate testing to confirm a diagnosis of sleep apnea, which is considered a pre-decisional duty to assist error.

The Veteran's lumbar spine degeneration is granted a 40 percent rating, effective from the date of the decision. The Veteran's obstructive sleep apnea and PTSD are denied ratings in excess of their current levels.

The Board has remanded the claims for service connection for obstructive sleep apnea and TDIU due to service-connected disabilities because a new medical opinion is needed regarding whether the Veteran's OSA was aggravated by his TMJ condition.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability due to incomplete development and need for additional medical examination.

The Board has remanded the Veteran's claim for obstructive sleep apnea due to inadequate compliance with a previous remand order and inextricability with his asthma claim. The case is now pending further development.

Service connection for COPD is granted on a presumptive basis due to exposure to burn pits during service in Saudi Arabia. Other issues are remanded.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, left and right lower extremity radiculopathy, and tinnitus, have resulted in a combined rating of 80 percent since June 21, 2013. The Board has granted TDIU beginning on that date, but also found the evidence insufficient to grant extraschedular TDIU prior to June 21, 2013.

The Board has remanded the Veteran's claims for service connection for hypertension and obstructive sleep apnea (OSA) due to insufficient information regarding in-service exposure to toxins, particularly burn pits. The claims are being returned for further examination and opinion.

The Board has remanded the claims for TDIU, financial assistance in acquiring specially adapted housing, special home adaptation grant, and financial assistance in the purchase of an automobile or adaptive equipment due to new evidence received after the March 2021 Supplemental Statement of the Case.

The Board has determined that the VA examinations are insufficient for VA rating purposes and must remand for further development regarding the Veteran's claim of service connection for obstructive sleep apnea.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 2, 2018.