Sleep apnea decisions — 2023

The Veteran withdrew his appeals for all remaining issues, including service connection and rating claims.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, DDD of the lumbar spine, IVDS, and various knee conditions, have rendered him unable to secure or follow substantially gainful employment since July 9, 2018.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation and render him permanently housebound, thus meeting the criteria for TDIU and SMC based on housebound status.

The Board has decided to remand the case due to insufficient evidence regarding the onset of OSA during active duty service and ACDUTRA in 2016. The Veteran's claim will be reviewed with additional medical opinions.

The Board has granted service connection for right ear hearing loss and remanded the issues of entitlement to an initial compensable rating for left ear hearing loss and sleep apnea. The Veteran's claims are being returned to the AOJ for further development.

The Board has denied service connection for the claimed conditions as they are not shown to be causally or etiologically related any disease or injury during a period of active duty, active duty for training (ACDUTRA), or inactive duty for training (INACDUTRA).

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected depressive disorder with anxiety and insomnia, and degenerative arthritis of the spine.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder to include degenerative arthritis of the lumbosacral spine, finding that there was no evidence linking his current condition to his active duty service.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypertension due to the need for a VA examination.

The Board has decided to remand the case due to incomplete medical records and an inadequate VA opinion regarding the relationship between the Veteran's service-connected asthma and his claimed sleep apnea.

The Veteran's ruptured right biceps, obstructive sleep apnea, hypertension, type-II diabetes mellitus, and bilateral Charcot feet were not found to be related to service or service-connected disabilities.,Service connection was denied for all claimed conditions.

The Veteran's service-connected exercise-induced asthma, allergic rhinitis, lumbosacral strain, and radiculopathy of the right lower extremity are all rated at 10 percent. The Board has determined that updated examinations are needed to assess the current severity of these conditions.

The Board has remanded the case due to insufficient opinions regarding the Veteran's sleep apnea and pulmonary scarring, which are related to asbestos exposure. The examiner is asked to provide an addendum opinion considering the Veteran's lay statements and medical literature.

The Board has decided that more information is needed regarding whether the Veteran had a sleep disorder prior to service, and thus the case is being sent back for further examination.

The Board has remanded the claims for service connection for cysts, skin rashes secondary to PTSD, and rosacea secondary to PTSD due to inadequate medical opinions. Further examination is needed to determine if these conditions are related to service or specific exposures.

The Veteran's appeal for a higher rating on his thoracic spine and left knee disabilities has been remanded due to the need for additional examinations.

The Veteran's claim for a higher initial rating for his lumbosacral spine disability was denied as the evidence did not support his contention that it is more disabling than currently evaluated.,The Veteran's claim for an increased rating for his migraine headaches was granted with assignment of a 50% rating effective from December 29, 2013.

The Veteran's initial increased ratings for his service-connected back condition are denied. The criteria for higher ratings have not been met prior to December 19, 2022, and after that date.

The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.

The Board has remanded the case for a determination on whether the Veteran is entitled to TDIU on an extraschedular basis due to his service-connected disabilities, particularly PTSD and sleep apnea.