Sleep apnea decisions — 2023

The Board has remanded the case for further development due to new evidence being added to the claims file. The Veteran's service connection claims for sleep disorder, memory loss disorder, and erectile dysfunction are still pending.

The Veteran's lumbar disability is granted a rating of 40 percent, but no higher, from August 2, 2012.,Separate ratings of 10 percent for LLE radiculopathy are granted from August 2, 2012, to September 24, 2015, and from August 2, 2012, to November 29, 2017.,Separate ratings of 10 percent for RLE radiculopathy are granted from August 2, 2012, to November 30, 2017.

The Veteran's appeal for a higher disability evaluation for service-connected left ankle scars has been denied as the scars do not meet the criteria for a compensable rating under DCs 7801 and 7802.,The effective date for the award of a 20 percent disability evaluation for service-connected lumbosacral strain is set at June 26, 2018, as it was more than one year after the Veteran filed his claim.

The Veteran's appeal for increased ratings and service connection has been remanded due to the complexity of the issues.,No new or material evidence was presented, so no changes in rating were granted.

The Veteran's claim for a rating in excess of 100 percent for bipolar disorder from February 12, 2017, is denied.,The Board has remanded the claims for service connection for sleep apnea and PTSD with substance abuse disorder secondary to bipolar disorder.

The Board has remanded the claims for service connection for sleep apnea, increased ratings for bilateral plantar fasciitis and metatarsalgia, and for left foot pes planus. The Veteran's claim for an earlier effective date for her increased rating of bilateral plantar fasciitis and metatarsalgia is denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA had its onset in, or is otherwise related to, his military service. The examiner must address relevant STRs and consider the Veteran's testimony about stigma and potential impact on promotion.

The Veteran's service-connected PTSD is found to be the primary cause of his obstructive sleep apnea, and he has been granted a higher disability rating for his psychiatric disorder. His TDIU claim from April 18, 2013 to July 24, 2018 (excluding May 10, 2014 to April 6, 2016) is also granted.

The Veteran's claim for service connection for obstructive sleep apnea has been granted. The issues of entitlement to service connection for a right foot condition, prostate cancer, and reflux esophagitis have been remanded.

The Board has remanded the Veteran's claims for increased ratings for right knee strain, lumbosacral strain (lumbar strain disability), bilateral wrist strains due to deficiencies in the adequacy of prior VA examinations and need for additional clarification regarding functional loss.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder (PTSD).

The Veteran's appeal for depression was withdrawn, and the claims for sarcoidosis, lymphadenopathy, lymphadenitis of the joints, headaches (secondary to PTSD), obstructive sleep apnea (secondary to PTSD), and cirrhosis with enlarged spleen and esophageal varices were all dismissed due to lack of new and material evidence or other legal grounds.

The Veteran's claims for higher disability ratings for his lumbosacral strain, sciatic nerve radiculopathy, left and right knee strains, and lateral collateral ligament strain of the ankles are being remanded due to inadequate examinations and potential additional functional loss during flare-ups or repetitive use.

The Board has remanded the Veteran's claims for increased ratings due to inadequate examinations and insufficient medical evidence of record. The Veteran is required to undergo new VA examinations to determine the nature and severity of his service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service, granting service connection for this condition.

The Veteran's left knee instability, lumbosacral spine degenerative arthritis, right and left lower extremity sciatic radiculopathy have been granted initial ratings of at least 10 percent each since June 20, 2007.

The Veteran's sinusitis is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's asthma prior to February 10, 2020, is rated at 30 percent, which also does not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea with asthma since February 10, 2020, is rated at 50 percent, and no higher ratings are warranted.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right ankle arthritis and major depression, finding that the medications used to treat these conditions caused the obesity which led to the current diagnosis of obstructive sleep apnea.

The Veteran's claim for service connection for bilateral hearing loss was denied in August 2009, and the Board found no new and material evidence to reopen the claim. The Veteran's request to reopen his low back strain claim was granted due to new Capri records that diagnosed him with low back pain and degenerative joint disease (osteoarthritis).,The Veteran's diabetes mellitus claim is denied as there is no direct or presumptive service connection, while his sleep apnea claim is also denied since the evidence does not support a link between his condition and service.

The Veteran's obstructive sleep apnea is being remanded for a VA examination to determine if it is related to her service-connected PTSD or otherwise had onset in service.