Sleep apnea decisions — 2023

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) secondary to obesity caused by his service-connected bilateral knee and lumbar spine disabilities, finding that the Veteran's obesity is at least in part due to these conditions.

The Veteran's psoriasis with dermatitis, to include pseudofolliculitis barbae and rosacea, is rated at 30 percent prior to June 13, 2020. A rating in excess of 60 percent from June 13, 2020, is denied.

The Board has remanded the claim for an addendum VA medical opinion to determine if the Veteran's sleep disorder is caused or aggravated by his service-connected major depression.

The Veteran's claim for an initial compensable rating for service-connected migraine headaches has been granted. The case is remanded due to inadequate VA examination and the need to further develop the Veteran's service treatment records regarding his obstructive sleep apnea.

The Board has remanded the cases due to incomplete development regarding the Veteran's exposure to radiation from Pershing II missiles, which could affect all issues on appeal.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there is at least a 50% likelihood that the sleep apnea is related to his PTSD.

The Board has remanded the issues of service connection for a sleep disorder, to include OSA, and as secondary to the service-connected unspecified depressive disorder. Additionally, the issue of nonservice-connected pension benefits prior to April 16, 2020 is also being remanded.

The Veteran's service-connected lumbosacral strain, spondylolisthesis, and spondylolysis with degenerative joint disease claim is remanded for a new VA examination to assess the severity of his disability. The TDIU claim is also remanded due to the need for further development.

The Board has determined that the VA examinations need to be redone due to incomplete testing and additional relevant medical evidence has been added to the file. The appeals for increased ratings for right ankle sprain, right knee strain, and lumbosacral strain are being remanded.

The Veteran's sleep apnea (OSA) is due to or aggravated by his service-connected fibromyalgia.,Service connection for OSA as secondary to fibromyalgia has been granted.

The Veteran's sleep apnea is granted with a 50 percent evaluation, based on the aggravation of his service-connected PTSD.

The Board has remanded the Veteran's claims for service connection for sleep apnea and COPD due to a Bryant violation, requiring further examination and opinion.

The Board denied the Veteran's claims of service connection for sleep apnea and hypertension, finding no evidence linking these conditions to her service-connected disabilities or military service.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional medical examination and evaluation.

The Veteran's obesity claim is denied as it is not a disease or disability for VA compensation purposes.,Hypertension, prostatectomy residuals (claimed as prostate cancer), left knee disability, right knee disability, and obstructive sleep apnea are all remanded for further evaluation.

The Veteran's service connection for OSA is granted, and the issue of service connection for a respiratory disability is remanded.

The Veteran's lumbosacral strain and degenerative disc disease of the lumbar spine are rated at 40 percent since August 24, 2019. The right lower extremity radiculopathy and left lower extremity radiculopathy associated with these conditions are each rated at 20 percent. A separate 20 percent rating is granted for left lung spontaneous pneumothorax. A 20 percent rating is also granted for chest wall scars. Prior to January 24, 2022, the Veteran's narcolepsy was rated at 10 percent; as of that date, it is rated at 20 percent.

The Board has determined that there are potentially outstanding VA medical records and the Veteran should be given the opportunity to provide updated records. Additionally, he should undergo another examination for his sleep apnea, low back disability, right lower extremity shin splints, and left lower extremity shin splints claims.

The Veteran's service-connected depressive disorder is granted as secondary to his other disabilities. The rhinitis with history of sinus infections, OSA, and tinnitus are all rated at the maximum allowed under current criteria. Service connection for scar from right great toe surgery is granted but not effective prior to April 24, 2015.

The Veteran's claim for service connection for fatigue is denied as he does not have a current diagnosis of fatigue.,Service connection for diabetes mellitus type II and obstructive sleep apnea are remanded due to incomplete VA opinions.