Sleep apnea decisions — 2023

The Veteran's claim for increased ratings for generalized anxiety disorder has been granted, with a 100% rating effective March 16, 2017. The issue of service connection for sleep apnea is remanded due to insufficient evidence in the record.,The Veteran's TDIU claim for the period prior to April 5, 2017, is also remanded.

The Board has decided to remand the case due to the need for a medical examination to determine if the Veteran's sleep apnea is caused or aggravated by his service-connected mental health disorders.

The Board has reopened the Veteran's claims for service connection for a back disability, hypertension, and sleep apnea due to new evidence. However, these claims are still pending as they have been remanded for additional development.

The Board has remanded the claims of service connection for sleep apnea, bilateral hearing loss, tinnitus, and colon cancer due to new evidence received after the March 2017 Statement of the Case.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is as likely as not caused or aggravated by his service-connected PTSD.

The Board has granted service connection for pancreatitis but denied service connection for OSA.

The Veteran's appeals for increased ratings were dismissed. The Board found that the evidence was in equipoise as to whether the Veteran had right knee instability, warranting a separate 10% disability rating. Other issues are remanded.

The Veteran's claims for bilateral hearing loss, eye disorder (right eye injury), and tinnitus were dismissed. The Veteran's claim for service connection of obstructive sleep apnea was granted with a rating of 70 percent effective August 20, 2020. The Veteran's claim for an increased rating in excess of 70 percent for PTSD is denied.

The Veteran's claim for a higher rating for his benign left testicular cyst is granted, with restoration of the 40% disability rating effective April 1, 2020. The issue of entitlement to TDIU prior to November 9, 2020, is dismissed as moot due to the Veteran's receipt of a total (100%) combined evaluation. Service connection for left and right ankle arthritis is denied.

The Board has remanded the Veteran's claims for further evaluation due to unclear functional loss and incomplete examination reports.

The Board has dismissed all claims of entitlement to increased ratings for various conditions as the Veteran's authorized representative withdrew the appeal in its entirety.

The Board has remanded the claims for posttraumatic stress disorder, right ear hearing loss, left ear hearing loss, tinnitus, allergic rhinitis, bilateral foot condition, erectile dysfunction, hypertension, right knee pain, left knee pain, degenerative disc disease, left lower extremity radiculopathy, right lower extremity radiculopathy, sleep apnea, and benign prostatic hypertrophy due to incomplete service treatment records.

The Veteran's death was not caused by a service-connected disability, and the cause of death (migraine headaches) is not related to his military service.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's lumbosacral strain was rated at 20 percent from December 1, 2015 to August 23, 2021.

The Board has decided to remand the case due to inadequate medical opinions and additional evidence is needed.

The Board has granted service connection for hypertension and secondary service connection for obstructive sleep apnea (OSA) as related to posttraumatic stress disorder (PTSD). Hypertension is presumed due to herbicide exposure, while OSA is considered secondary to PTSD.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that the presumption of soundness applies and there is no clear and unmistakable evidence to rebut it. The Veteran's pre-existing condition was not aggravated by service.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is no persuasive evidence to support a link between his current diagnosis and his military service.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete records and the need for further development.