Sleep apnea decisions — 2023

The Board has granted service connection for right and left knee osteoarthritis with patellofemoral syndrome, as well as obstructive sleep apnea. The decision is based on the Veteran's continuous symptoms since service separation.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities. His bilateral hearing loss and headaches are denied, while his TBI, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy receive initial ratings.

The Board has granted service connection for type II diabetes mellitus, left lower extremity peripheral neuropathy, erectile dysfunction, and obstructive sleep apnea on a secondary basis to the Veteran's service-connected left ankle and left knee disabilities.

The Veteran's obstructive sleep apnea is rated at 50 percent, the maximum rating authorized under DC 6847. The Board finds that the criteria for a higher rating are not met.,The Veteran's low back scars have been rated as non-compensable. The evidence does not show any disabling effects on the affected body parts and the scars do not meet the criteria for a compensable rating under DC 7805 or DC 7802.,The Veteran's tinnitus is rated at 10 percent, the maximum rating authorized under DC 6260. The evidence does not show any unique or unusual symptoms not contemplated by the rating code.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected disabilities, including his unspecified depressive disorder and bilateral hearing loss. The Board also granted a total disability rating based on individual unemployability due to the combined effect of these service-connected conditions.

The Board has remanded the claims for an initial rating in excess of 10 percent from October 29, 2018, to July 30, 2020, for service-connected low back disability; a rating in excess of 20 percent from July 30, 2020, to January 4, 2021, for service-connected low back disability; and an initial rating in excess of 40 percent from January 4, 2021, for service-connected low back disability. The claim for a rating in excess of 20 percent for LLE sciatic nerve radiculopathy is also remanded.

The Board has remanded the claims for service connection for tinnitus, sleep apnea, chest pain, a back injury, nerve damage, a head injury, anxiety, headaches, and foot pain (plantar fasciitis) due to procedural errors in the appeal process.

The Board has granted service connection for obstructive sleep apnea, but remanded the issue of service connection for seizure disorder due to insufficient evidence.

The Veteran's initial rating for a lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome has been granted at 40 percent, but no higher.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to September 16, 2020.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened and granted.,Service connection is also granted for an acquired psychiatric disorder, including major depressive disorder and generalized anxiety disorder.

The Veteran's claims for service connection have been granted for various conditions, including arthritis of the hands, OSA, PFB, prostate cancer, right shoulder arthritis, and degenerative arthritis of the lumbar spine. The remaining issues are being remanded.

The Veteran's sleep apnea was incurred during active service and the Board has granted service connection for this condition.

The Board denied service connection for PTSD, an acquired psychiatric disability (including Major Depressive Disorder and Generalized Anxiety Disorder), and OSA.,There is no evidence of a diagnosed psychiatric condition during or related to active service.

The Veteran's lumbar spine disorder is rated at 40 percent prior to September 18, 2020, and no higher. The rating will remain at 40 percent for the entire period on appeal.

The Veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain was denied, and the issue of entitlement to a combined disability rating of 40 percent from March 3, 2016, was dismissed as moot.

The appeal for chronic fatigue syndrome is dismissed. Service connection for a sinus condition, diagnosed as rhinitis and sinusitis, on a presumptive basis, is granted. The appeals for sleep apnea, headaches, hiatal hernia, and GERD are remanded.

The Board has remanded the claims for service connection for obstructive sleep apnea and increased rating for diabetes mellitus, as well as the TDIU claim. The issues are related to the Veteran's service-connected disabilities.

The Board has denied the Veteran's claims for service connection for left knee disability and major depressive disorder. The claim for obstructive sleep apnea is remanded due to insufficient evidence.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations. The issues of fibromyalgia, cervical spine disability, diabetes mellitus, low testosterone level, hypertension, and GERD will be addressed.