Sleep apnea decisions — 2022

The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.

The Board has remanded the Veteran's claims for bilateral hearing loss and tinnitus, obstructive sleep apnea secondary to PTSD, and a back condition due to insufficient evidence regarding their etiology. The Veteran must be provided with VA examinations to determine if his conditions are related to service.

The Veteran's claims of service connection for coronary artery disease, sleep apnea, bilateral hearing loss, and tinnitus have been reopened. After resolving all doubt in his favor, the Board finds that he has a current disability related to his service and grants service connection for these conditions.

The Board has remanded the case due to lack of substantial compliance with previous remand directives. The Veteran's representative was not provided an opportunity for a hearing prior to the review, but this is not considered prejudicial as they will be given another chance after the development.

The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment as of May 22, 2017.,The Veteran is entitled to a TDIU from May 22, 2017.

The Board denied service connection for TBI, but granted service connection for low back and neck disabilities.,Service connection was established for low back disability due to in-service injury during ACDUTRA.

The Veteran's service-connected disabilities did not render him so helpless as to be in need of regular aid and attendance of another person, leading to a denial of special monthly compensation based on aid and attendance.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his service-connected PTSD and is not otherwise related to an in-service injury or disease.

The Board has remanded the Veteran's claims for a higher rating for her lumbar spine disability and for TDIU due to issues with the adequacy of the December 2019 VA examination report.

The Board has granted the petition to reopen the claim for service connection for bilateral upper extremity peripheral neuropathy. The claims for service connection for skin cancer and sleep apnea are remanded due to insufficient evidence.

The Board has remanded the cases for further development and consideration, including obtaining an addendum medical opinion regarding the Veteran's sleep apnea.

The Board has remanded the case due to incomplete records and for a VA examination to determine the nature and etiology of the Veteran's sleep apnea, including whether it is caused or aggravated by his service-connected disabilities.

The Veteran's prostate condition, sleep apnea, carpal tunnel syndrome, left knee disability, shoulder and hip disabilities (claimed as bursitis and tendonitis), psychiatric disorder, hypertension, and diabetes mellitus were not found to be related to service.

The Veteran's low back and neck disabilities were granted increased ratings of 40% and 20%, respectively, effective from November 7, 2011. The decision also granted a TDIU effective from the same date.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's skin disorder and whether it is related to his service-connected conditions.

The Veteran's claim for a higher rating for residuals of fractures of the third and fourth metatarsals of the right foot is granted, with a 10% rating effective from May 5, 2020.,Service connection for bilateral hearing loss (right ear) is granted. Service connection for bilateral hearing loss (left ear) is denied.,Service connection for obstructive sleep apnea is denied.,The Veteran's claim for service connection for obstructive sleep apnea is denied.

The Board has remanded the Veteran's claims for service connection due to herbicide exposure, including respiratory conditions and prostate gland hypertrophy. The TDIU claim is also remanded as it may be affected by these issues.

The Board has remanded several service connection claims due to new evidence received, including for lung disease, congestive heart failure, cricoid chondrosarcoma, dysphonia and vocal cord paralysis, and a mass on both sides of the thyroid. The Veteran's Social Security records are also requested.

The Veteran requested to withdraw his claim of entitlement to service connection for sleep apnea, and the Board dismissed the appeal as a result.