Sleep apnea decisions — 2023

The Board dismissed the claim of entitlement to service connection for sleep apnea due to the death of the appellant.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected psychiatric disorder. The TDIU claim prior to July 2, 2020, is also granted.

The Board has granted service connection for an acquired psychiatric disorder, but the matter of erectile dysfunction is remanded as it involves a new issue not previously addressed.,Service connection for obstructive sleep apnea secondary to a service-connected acquired psychiatric disorder is also granted. However, the claim for erectile dysfunction remains pending and requires further development.

The Board has determined that the Veteran's currently diagnosed sleep apnea is related to service, and therefore grants entitlement to service connection for sleep apnea.

The Veteran's claims for a higher rating for lumbosacral spine degenerative disc disease and strain, as well as an effective date prior to March 6, 2018, for TDIU based on service-connected disabilities, are being remanded due to the need for additional medical examination.

The Board has remanded the Veteran's claims for allergic rhinitis and obstructive sleep apnea prior to February 3, 2016 due to incomplete documentation of efforts to obtain treatment records. The Veteran is also scheduled for a VA examination.

The Board denied service connection for plantar fasciitis and hammer toes, but granted service connection for OSA. The Veteran's current OSA is at least as likely as not aggravated by his service-connected PTSD.,Plantar fasciitis and hammer toes were not found to be related to service.

The Board has decided to remand the case due to new evidence and updated treatment records indicating the Veteran had a rash and itching during the appeal period. The examiner must provide an opinion on whether his current skin conditions are related to service, including increased sun exposure in Vietnam, herbicide agent exposure, and solvent exposure.

The Veteran was granted TDIU from May 28, 2015 to October 31, 2017 due to his service-connected disabilities. After this period, the Board denied TDIU as of October 31, 2017.

The Veteran's OSA is granted as service-connected. For the period prior to January 24, 2020, his cervical spine torticollis is rated at 10 percent and for the period from January 24, 2020, it is rated at 20 percent.,Right and left upper extremity radiculopathy are referred to the AOJ.

The Board has reopened the Veteran's claim for service connection for sleep apnea and remanded the claims for right shoulder disability and left elbow disability due to insufficient evidence. The Veteran will need to undergo VA examinations to determine if his current disabilities are related to his military service.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea had onset in service and grants service connection for this condition.

The Board denied service connection for an acquired psychiatric disorder, obstructive sleep apnea, and a right ankle disability due to lack of evidence linking these conditions to the Veteran's military service.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability prior to July 23, 2021.

The Board found that the withholding of VA disability compensation benefits for 53 training days in FY2015 was proper, and denied the Veteran's appeal.

The Veteran's claim for service connection for hypertension has been granted. The claim for service connection for obstructive sleep apnea is remanded.

The Veteran's service-connected disabilities did not render her unable to secure or follow substantially gainful employment prior to April 19, 2010.

The Board has determined that the remand instructions have not been completed as directed and another remand is necessary due to incomplete development of the case.

The Veteran's claims for service connection and increased ratings have been granted. Service connection is established for sinusitis, lumbosacral degenerative disc disease with IVDS, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and bilateral hearing loss. The initial 40 percent rating for lumbosacral degenerative disc disease with IVDS is maintained, as are the initial 40 percent ratings for left and right lower extremity sciatic radiculopathies effective April 8, 2022. Tinnitus remains at a maximum of 10 percent. Service connection has been reopened for left foot disability, right foot disability, and bilateral hearing loss.

The Veteran's appeal for service connection for an eye disability has been dismissed.,New and material evidence has been received, allowing the reopening of claims for service connection for a skin disorder, sleep apnea, and fatigue syndrome (CFS).,Claims for service connection for joint pain, sinusitis with a deviated nasal septum and nasal obstruction, and tightness of the chest are pending remand.