Sleep apnea decisions — 2023

The Board has remanded the case due to a failure to refer the claim for TDIU prior to September 2, 2018. The Veteran's service-connected disabilities may have had occupational impacts and he contends that he is unemployable due in part to his right shoulder disability.

An initial rating of 50 percent for obstructive sleep apnea is granted, effective from October 16, 2012. A total disability rating due to individual unemployability (TDIU) is granted for PTSD, tinnitus, and sleep apnea, effective from October 16, 2012. The issue of TDIU for dermatophytosis is remanded.

The Veteran's claims for increased ratings for left ear hearing loss, right-hand disability, left-hand disability, and left eye disability have been dismissed. The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA), hypertension (HTN), a right shoulder disability, a left shoulder disability, and a right eye disability.

The Veteran's claim for service connection for OSA is denied. His claim for a higher rating for his acquired psychiatric disorder, to include depressive disorder, is granted with a 70% disability rating but no higher. The Veteran's claim for an increased rating for his right shoulder disability is also denied. The issue of service connection for a bilateral foot disability remains pending and will be remanded.

The Board has determined that an addendum opinion is needed to address the nature and etiology of the Veteran's obstructive sleep apnea, including whether it is related to service or secondary to PTSD.

The Veteran's lumbosacral spine disability is being remanded for additional development, including a VA examination and clarification of the medical opinion from September 2020.

The Veteran's appeal for service connection for bilateral hearing loss was dismissed. The claim for increased ratings for left and right hip disabilities is remanded. The claims for service connection for bilateral knee disabilities, obstructive sleep apnea (OSA), and seizure disorder are also remanded.

The Veteran's hypertension is granted as presumptively linked to his exposure to herbicide agents during service, and the claim for sleep apnea is remanded.

The Board has remanded the Veteran's claims for sleep apnea and pes planus due to additional development being needed, including obtaining an adequate medical opinion on the nature of his service-connected disabilities and their impact on his sleep apnea.

The Board has decided that the issue of whether sleep apnea is related to service-connected PTSD needs further clarification and a new opinion from VA medical professionals.

The Board has remanded the cases due to inadequate medical opinions regarding the etiology of the Veteran's left knee, left ankle, and obstructive sleep apnea disabilities. The claims are being returned for further development.

The Board has remanded the Veteran's claim for an evaluation in excess of 10 percent for lumbosacral strain with multilevel degenerative disc disease prior to June 17, 2019 and from June 17, 2019 on. The issues are now pending before the Board.

The Veteran's bilateral hip disability is granted, subject to the laws and regulations governing the payment of monetary benefits.,The Veteran's claim for service connection for obstructive sleep apnea is remanded.

The Veteran's appeals for hearing loss and tinnitus have been dismissed. The claim of new and material evidence for sleep apnea has been granted, and service connection is established as secondary to sinusitis and allergic rhinitis.

The Board denied service connection for obstructive sleep apnea and right ear hearing loss disability, finding that the evidence did not support a link to service or secondary to PTSD.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no nexus between his OSA and his military service.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has found that there has not been substantial compliance with the previous remand directives and thus requires another remand for an addendum opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Board has denied service connection for residuals of pneumonia, other than OSA. The claim for service connection for OSA is remanded due to inaccuracies in the previous opinions and need for additional examination.

The Veteran's adjustment disorder is granted a 70 percent rating, headaches and obstructive sleep apnea are service connected as due to his adjustment disorder, and lumbar spine disability (degenerative arthritis) is also service connected. Other conditions have not been linked to service.