Sleep apnea decisions — 2023

The Veteran's claims for service connection have been granted, with the exception of diabetes mellitus and ischemic heart disease. The Board found that his back disability is related to service due to a lifting injury during work as a diesel mechanic in 2005.

The Board has remanded the issues of service connection for acquired psychiatric disorder, gastrointestinal disorder, gastroesophageal disorder (acid reflux), erectile dysfunction, and sleep apnea due to new evidence or further examination.

The Board has determined that new examinations are needed to assess the current severity of the Veteran's service-connected disabilities due to a possible increase in severity since his last examinations and because he reported receiving continuous medical treatment from both VA and private providers. The claims for increased ratings will be remanded.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate statements of reasons and bases in the October 2021 decision, specifically regarding the lack of retrospective opinions on the severity of his lumbar spine disability prior to November 5, 2019. The issues are also intertwined with a claim for TDIU.

The Veteran's major depressive disorder is rated at 100 percent, effective November 2, 2017. The Board also granted TDIU based on the combined effect of his service-connected disabilities.

The Board denied service connection for obstructive sleep apnea and heart disability, finding that the evidence did not support a nexus to service.

The Board has remanded the claims for an increased rating for residuals of a traumatic brain injury and service connection for obstructive sleep apnea due to inadequate VA examination opinions.

The Veteran's lumbosacral strain was granted service connection in November 2016, and an increased rating of 40 percent from March 29, 2018 to March 7, 2019 has been awarded.,Effective September 20, 2017, the Veteran's bilateral lower extremity radiculopathy was granted service connection. Initial ratings for both conditions were denied.

The Veteran's claims for service connection for unspecified sleep-wake disorder, tinea pedis (bilateral), skin condition to include eczema, acne, and pseudofolliculitis barbae, sleep apnea, bursitis of the neck, degenerative disc disease, bilateral visual acuity loss, cerumen impaction, jugular venous distortion, gastritis, and heart condition have been granted. The remaining issues are remanded for further development.

The Veteran's lumbosacral DDD was rated at 20 percent from November 19, 2018 to November 10, 2020. The Board granted a 40 percent evaluation for this condition during the appeal period.

The Veteran's service connection claim for obstructive sleep apnea is granted, and the claim for arthritis in multiple joints is remanded.

The Veteran's left lower extremity DVT was rated at 40 percent prior to February 10, 2020 and granted a rating of 60 percent as of that date.,Service connection for sleep apnea is granted.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not causally or etiologically related to any disease, injury, or incident during service and is not caused or aggravated by a service-connected disability.

The Board has remanded three issues related to the Veteran's lumbar spine, bilateral knee, and headache disorders due to deficiencies in the VA examinations. The claims are being returned for further examination and opinion.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's back condition. The Veteran is seeking service connection for a back condition, but the VA examiner concluded that it was not likely related to his time on active duty.

The Board dismissed all claims except for service connection for hypertension, which was granted. The Veteran's PTSD prior to December 14, 2015, did not meet the criteria for a higher initial rating.

The Veteran's kidney cysts were denied service connection, left hip strain and deviated septum were granted, and the claims for sleep apnea and heart disability are being remanded.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis is related to his military service.

The Board found that the withholding of VA disability compensation benefits for 69 training days in FY 2009 was proper and denied the Veteran's appeal.

The Board has remanded the claim due to insufficient compliance with previous remand requests, and further development is needed to determine if any diagnosed lumbar spine disabilities are related to service or any event, injury, or disease during service.