Sleep apnea decisions — 2022

The Veteran's temporary total evaluation (TTE) for a right knee meniscectomy is denied, and the claim for service connection for a sleep disorder due to his service-connected right knee disability is also denied.

The Board has remanded the claims for hypertension and obstructive sleep apnea (OSA) due to insufficient opinions regarding their service connection, causation of obesity/weight gain by service-connected disabilities, and exposure to environmental hazards. The Veteran's representative provided articles on the relationship between psychiatric disorders and hypertension as well as weight gain and depression.

The Board has decided to remand the Veteran's claim for service connection of a sleep disorder, including sleep apnea, due to insufficient medical examination and lack of adequate reasons and bases in the previous decision. The Veteran was not provided with an opinion regarding whether his current sleep issues are related to an undiagnosed illness or a service-connected condition.

The Veteran's initial compensable rating for the right ankle disability prior to August 24, 2017 is denied. An initial rating in excess of 10 percent for the right ankle disability from August 24, 2017 is also denied. The Board has remanded the issues regarding service connection for left ankle disability (secondary to right ankle disability), obstructive sleep apnea, and low back disability.

The Veteran's appeal is remanded due to the need for a new examination to determine if his lumbosacral strain disability results in the functional equivalent of ankylosis.

The Veteran's service-connected disabilities prior to January 20, 2020 do not prevent him from obtaining or maintaining substantially gainful employment. From January 20, 2020, the Veteran has a combined schedular rating of 100 percent and TDIU cannot be granted on the basis of one service-connected disability.

The Veteran's lumbosacral strain is rated at 10 percent prior to April 14, 2021 and at 20 percent as of that date. The case is remanded for further development regarding a separate compensable rating for bilateral lower extremity radiculopathy.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.

The Veteran's claims for service connection are remanded due to the need for additional examinations and evaluations, particularly regarding his obstructive sleep apnea.

The Board has determined that there were duty to assist errors prior to the January 2020 rating decision on appeal and remands the case for further development.

The Veteran's need for regular aid and attendance due to his service-connected disabilities has been granted, resulting in special monthly compensation based on aid and attendance.

The Veteran's claim for service connection for sleep apnea has been denied as the evidence does not support a finding that his current condition is related to his service-connected conditions.,The Veteran's lumbar spine disability claim will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current lumbar spine disability had its clinical onset during service or is otherwise related to any incident of service, including a naval ship hatch incident that resulted in back pain.,The Veteran's claim for service connection for radiculopathy, left lower extremity will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current condition is related to his lumbar spine disability.,The Veteran's claim for service connection for radiculopathy, right lower extremity will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current condition is related to his lumbar spine disability.

The Veteran's claim for eligibility to the Program of Comprehensive Assistance for Family Caregivers (PCAFC) was denied due to a lack of clinical eligibility based on the need for personal care services. The Board finds that proper notice was not provided and remands the case for further action.

The Board denied earlier effective dates for increased ratings and service connection due to the fact that entitlement arose from worsening of pre-existing disabilities, as evidenced by May 2020 disability benefits questionnaires (DBQs).,No new evidence was submitted within one year prior to the receipt of the intent to file in October 2019.

The Veteran withdrew his appeal regarding the reopening of a previously denied claim for obstructive sleep apnea, so the case is dismissed.

The Board has determined that further development is necessary before the Veteran's claim for service connection for obstructive sleep apnea can be adjudicated. The case will be remanded to obtain additional medical opinions and evidence.

The Board has granted service connection for asthma and OSA as secondary to asthma. The Veteran's asthma is considered a continuation of symptoms noted during service, while his OSA is found to be caused by his service-connected asthma.

The Board has granted service connection for obstructive sleep apnea. The Veteran's claim for a sleep disorder other than obstructive sleep apnea is remanded as the issue of whether his insomnia or any other sleep-related condition had its onset in service, is related to an injury or disease incurred in service, caused by a service-connected disability (to include obstructive sleep apnea), or aggravated by a service-connected disability remains unresolved.

The Veteran's appeal is remanded for additional development to determine the severity of his migraine headaches and whether he requires aid and attendance due to service-connected disabilities.

The Board has decided to remand the claims for post-traumatic stress disorder, diabetes mellitus, and sleep apnea due to additional VA records not yet considered by the AOJ.