Sleep apnea decisions — 2023

The Veteran's right foot onychomycosis is not service-connected as it is not related to his active duty service or his service-connected right knee conditions.,The Veteran's right knee instability warrants a rating of 30 percent, and higher ratings are precluded due to the amputation rule.,For the period prior to October 1, 2018, the Veteran's right lower extremity radiculopathy does not warrant a rating in excess of 20 percent.,Beginning October 1, 2018, the Veteran's right lower extremity radiculopathy warrants a rating of 20 percent and higher ratings are precluded due to the amputation rule.,The Veteran is eligible for specially adapted housing but not for special home adaptation grant.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including PTSD, left shoulder and ankle conditions, knee degenerative joint disease, radiculopathy, skin disorders, cervical spine disability, facial injury residuals, TMJ, sleep apnea, headaches, hand tremors, CFS, fibromyalgia, and muscle and joint pain. The Board finds that additional evidence is needed to properly evaluate these issues.

The Veteran's PTSD is rated at 50 percent, and the Board finds no basis to grant a higher rating.,Sleep apnea and eczema are remanded for further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including left hip disability, left eye condition (other than ocular migraines), restless leg syndrome, residuals of esophageal diverticulum, skin disability to include psoriasis, tinea pedis and tinea corporis, and sleep apnea. The Board has found the VA medical opinions inadequate and remanded for further development.

The Board has remanded the claims for service connection for a low back disability and bilateral foot disabilities due to inadequate opinions in the September 2020 VA examination report. The diabetes claim is denied as there is no evidence of its onset during or within one year after service.

The Board has decided to remand the case for further development, including obtaining additional medical opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected disabilities caused or worsened any weight gain or obesity.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability based on individual unemployability (TDIU).

The Veteran's obstructive sleep apnea is found to have developed during his military service, and the Board has granted service connection for this condition.

The Board has denied the Veteran's claims for service connection for scarring of the right lower extremity, nasal disability, and sleep disability (to include sleep apnea) as they are not related to his active service.

The Veteran's erectile dysfunction and tinnitus are granted as secondary to service-connected conditions.,OSA is remanded due to insufficient evidence regarding its relationship to the Veteran's service-connected disability, including potential TERA exposure.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, calcaneal fracture of the right foot, and anterior cruciate ligament tear of the right knee. The decision is based on obesity being an intermediate step in causing the Veteran's sleep apnea.

The Board has determined that the Veteran's claim for service connection for sleep apnea requires additional development, including obtaining relevant medical records and scheduling a VA examination.

The Board has granted a 20 percent evaluation for right ankle tenosynovitis. The issue of service connection for lumbosacral strain is remanded due to a duty-to-assist error.

The Veteran's central sleep apnea is remanded for additional development, including obtaining a medical opinion to determine if it is caused or aggravated by any service-connected disabilities.

The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.

The Board has granted the Veteran's appeals for service connection for left knee strain, right knee strain, and lumbosacral strain based on direct service connection.

The Veteran's disability rating for lumbosacral spondylosis with spondylolisthesis was restored from 20% to 40% effective February 21, 2020.

The Veteran's service-connected disabilities, including his acquired psychiatric disorder, ulcerative colitis with anemia, sleep apnea, and lumbar spine disabilities, prevent him from securing and maintaining a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's sleep apnea is found to have started during his military service and the Board has granted service connection for this condition.

The Board denied the Veteran's claim for service connection for his sleep disorder, including sleep apnea, finding that there is no current diagnosis of a sleep disorder and that any symptoms are related to his service-connected PTSD.