Sleep apnea decisions — 2023

The Veteran's service-connected PTSD is found to be secondary to drug and alcohol abuse, which has been granted. The initial rating for PTSD remains at 50% but is now increased to 70%. Service connection for obstructive sleep apnea is remanded.

The appeal seeking to reopen a claim of entitlement to service connection for bilateral hearing loss is granted. The case is remanded for further development regarding the merits of the claims.

The Board has granted an effective date of June 30, 2016 for a 20 percent rating for the Veteran's back disability. The claim for increased rating is granted as it meets the criteria for a higher rating since that date. However, the claim for TDIU was denied due to the Veteran's service-connected disabilities not meeting the threshold requirement.

The Board has decided that more information is needed regarding the Veteran's mobility and exercise practices, his access to exercise/fitness equipment, and his dietary/caloric intake practices since his separation from service. As a result, the claim for service connection for obstructive sleep apnea is being remanded.

The Board has decided to remand the Veteran's claim for service connection of Obstructive Sleep Apnea (OSA) due to a lack of a VA examination and an opinion regarding the etiology of his condition.

The Veteran's PTSD and lumbosacral strain are granted service connection. The issue of an initial rating in excess of 50 percent for major depressive disorder is remanded.

The Board has granted service connection for other specified trauma and stress related disorder, but has remanded the cases of cervical spine disorder and obstructive sleep apnea as secondary to thoracic spine disability.

The Board has determined that there has not been substantial compliance with its January 2023 remand directives and the Veteran's claims for service connection for an acquired psychiatric disability, sleep apnea, and TDIU are being remanded due to the need for additional medical examination.

The Board has implicitly denied service connection for lumbar degenerative arthritis/lumbosacral strain on a direct basis. The Veteran's representative requested that the decision be vacated due to an error in not addressing this issue, and the motion is granted.

The Veteran's bilateral plantar fasciitis has been rated at the maximum available rating.,For the period prior to February 8, 2018, the Veteran's migraine headaches were not productive of severe economic inadaptability. Beginning February 8, 2018, they have been rated as 50% disabling.,Service connection for erectile dysfunction has not been established.,Service connection for dyspnea has been granted.,An earlier effective date to October 12, 2015, was granted for the award of a 50% rating for bilateral plantar fasciitis and to October 12, 2014, for the award of a 30% rating for migraine headaches.

The Veteran's claim for an increased rating in excess of 10 percent for his left hand scar was denied. The Board found that the evidence did not support a higher rating as there were no three or four unstable or painful scars.,The Veteran's claim for an increased rating in excess of 20 percent for limitation of motion of third and fourth finger, left hand, was also denied. The combined rating for disabilities of an extremity cannot exceed the rating for amputation of that extremity.

The Board has granted service connection for cervical spine degenerative disc disease with intervertebral disc syndrome, right knee disability, and sleep apnea as secondary to the Veteran's service-connected lumbar spine disability.

The Board has remanded two issues: increased ratings for lumbosacral strain and sacroiliac strain, as well as an increased rating for plantar fasciitis of the right foot. The decision does not address service connection theory or exposure basis.

The Veteran's service-connected disabilities, including his back and left knee conditions, do not preclude him from securing or following substantially gainful employment.

The Veteran's asthma is granted under the PACT Act, and her sleep apnea is remanded for further examination to determine if it is secondary to service-connected conditions or caused by obesity.

The Veteran's obstructive sleep apnea is currently rated at 50 percent, and the Board has found no evidence to warrant a higher rating.

The Board has determined that the Veteran's sleep apnea, vision problems, and acquired psychiatric disorder are related to service. However, due to incomplete information regarding the severity of his skin conditions during flare-ups, a remand is necessary for further examination.

The Veteran's service-connected disabilities, including sleep apnea, migraine headaches, lumbar spine disorder, left-hand fifth finger disorder, and bilateral pterygium, have rendered him unable to secure and follow a substantially gainful occupation since February 22, 2016. As his combined rating is at least 80%, he meets the schedular requirement for a TDIU.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as it is caused and/or aggravated by his service-connected allergic rhinitis and sinusitis.

The Board denied the Veteran's claims for service connection for sleep apnea, hypertension, and atrial fibrillation. The Board found that these conditions did not manifest during active service or are otherwise causally related to his military service.