Sleep apnea decisions — 2023

The Board has remanded the claims for obstructive sleep apnea, erectile dysfunction, right shoulder disability, left shoulder disability, and right knee disability due to additional evidentiary development.,The Veteran's service-connected joint pain disabilities may have contributed to his current sleep apnea and/or erectile dysfunction.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his lumbar spine disability flare-ups. The Veteran and his attorney need to provide copies of these statements, and a new examination is needed to assess the impact of flare-ups on the Veteran's ability to function.

The Board has reopened the claims for PTSD and Sleep Apnea due to new evidence received. The remaining issues are remanded for additional development.

The Board has granted service connection for obstructive sleep apnea (OSA) and remanded the issue of service connection for seborrheic dermatitis. The OSA is being granted as secondary to service-connected chronic sinusitis, while the seborrheic dermatitis remains in dispute due to insufficient evidence.

The Board has ordered a remand due to the need for additional opinions regarding the etiology of the Veteran's obstructive sleep apnea and whether it is secondary to his service-connected PTSD.

The Board has remanded the case due to inadequate VA medical opinions and failure to comply with VA's duty to assist. The Veteran's OSA is being reviewed again for possible secondary service connection.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability related to active duty. The case was remanded for further examination and opinion regarding left shoulder, bilateral foot, and back disabilities.,The Board has also remanded the claims for service connection for a left shoulder disability, bilateral foot disability, and back disability due to in-service injuries or diseases.

The Veteran is granted a 40% rating for his service-connected back disability, effective February 4, 2021. The earlier effective date of February 4, 2021, was established.

The Veteran's lumbosacral strain with degenerative disc disease and spondylosis of thoracic spine have been rated at 10% each since March 29, 2002. The current appeal seeks an evaluation in excess of the existing ratings.

The Veteran's service connection for sleep apnea is granted, while his claims for bilateral hearing loss and right tibia strain are denied. The initial rating for post-laminectomy syndrome of the lumbar spine remains at 20 percent, and the initial ratings for PTSD and major depressive disorder remain at 70 percent.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Veteran's bilateral hearing loss was not diagnosed for VA purposes and the Board found no evidence of a service-connected disability.,The Veteran's sleep disability (to include Sleep Apnea) was not separately diagnosed as a disability, but his symptoms were attributed to PTSD.

The Veteran's anxiety and service connection for hypertension (claimed as high blood pressure) are granted. The restoration of evaluations for various knee conditions, including trochanteric bursitis and patellofemoral arthritis, is also granted.

The Board has remanded the Veteran's claims for service connection for sleep apnea and fibromyalgia, as well as his claim for TDIU. The VA examinations provided in September 2015 were deemed inadequate due to lack of thorough rationales and consideration of the Veteran's lay statements.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected diabetes. The RO must obtain private treatment records and arrange for a medical examination.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from April 11, 2014 to November 6, 2017.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for initial ratings for right ankle strain, left ankle tendonitis, and lumbosacral strain (IVDS) are granted with specific disability ratings. The claim for a compensable rating for the service-connected left ankle scar is denied. The claims for initial ratings for right and left lower extremity radiculopathy of the femoral nerves remain pending.

The Veteran's acquired psychiatric disability, including depression and anxiety, is granted as service-connected.,Service connection for a headache disability due to his service-connected acquired psychiatric disability is also granted.,Service connection for sleep apnea due to his service-connected acquired psychiatric disability is also granted.,Service connection for gastrointestinal disability (irritable bowel syndrome) due to exposure to environmental hazards during service is remanded for further development.,Individual unemployability is remanded.

The Board has remanded the claims for service connection due to incomplete opinions and need for additional development regarding obesity, medications used to treat service-connected conditions, and their impact on the Veteran's claimed disabilities.

The Veteran was granted a TDIU rating prior to March 24, 2010 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.