Sleep apnea decisions — 2023

TDIU was denied for the period from August 28, 2017 to December 1, 2020 due to the Veteran's ability to secure and follow a substantially gainful occupation.,TDIU was granted beginning on December 1, 2020 as the Veteran is unable to secure or follow a substantially gainful occupation due to PTSD alone.,Special monthly compensation at the housebound rate was granted starting from December 1, 2020.

Service connection granted for GERD, fibromyalgia, and OSA.,An increased rating of 10 percent for the service-connected headache disability from December 15, 2016 to March 8, 2018 is granted.

The Board has decided to remand the case due to inadequate medical opinions regarding a sleep disorder other than obstructive sleep apnea, and the need for an updated VA treatment records.

The Board has decided to remand the Veteran's claims for tinnitus, chemical hypersensitivity, fatigue and soreness disorder, back disorder, skin disorder, memory loss disorder, skin cancers, and sleep apnea due to insufficient evidence regarding their relationship to service. The claims are being returned for additional examinations and medical opinions.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's sleep apnea and its relationship to his service-connected PTSD. The VA examiner is requested to provide a new opinion addressing causation and aggravation.

The Veteran's asthma is granted service connection. The Board has remanded the issue of secondary sleep apnea to allow for a VA examination and opinion.

The Board denied the Veteran's application to reopen his claim for service connection for bilateral retinitis pigmentosa, finding that new and material evidence had not been submitted.

The Board has determined that the VA examination opinion was not based on a complete copy of the Veteran's private medical records and remanded for further action. The case is now being returned to obtain these records and conduct another VA examination.

The Veteran's lumbar strain is currently rated at 40 percent, which does not meet the criteria for an evaluation in excess of this rating.

The Veteran's claim for service connection for obstructive sleep apnea was dismissed as the Veteran withdrew his request. The TDIU claim prior to March 16, 2020 was denied because the Veteran had been employed full-time until he became disabled due to the coronavirus pandemic.

The Veteran's mechanical back strain is rated at 40 percent, effective from March 14, 2010. Service connection for OSA was granted and a rating of 40 percent is assigned.

The Veteran's fibromyalgia is granted an initial rating of 40 percent, and a separate compensable rating of 30 percent for headaches. The lumbosacral spine disability remains at 20 percent, while the cervical spine disability is denied any increase beyond the current 10 percent.

The Board has determined that the VA examinations and opinions are inadequate for rating purposes, necessitating further examination to determine the etiology of the Veteran's conditions.

The Board has remanded the case due to inadequate evidence and a need for an addendum opinion regarding whether the Veteran's upper airway resistance syndrome was incurred in service.

The Board has remanded the cases of bilateral pes planus, bilateral plantar fasciitis, and sleep apnea due to insufficient discussion regarding aggravation during service and a need for further examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is proximately due to or the result of his service-connected PTSD and TBI.

The Veteran's headaches, associated with residual of Rosai-Dorfman disease, are now rated at 50 percent from June 1, 2016 to August 8, 2022. The Veteran's hypothyroidism is still rated at 10 percent.

The Board has ordered additional development to determine the cause of the Veteran's obstructive sleep apnea (OSA). The remand instructed obtaining opinions on whether OSA was proximately caused by a service-connected disability, including PTSD, fibromyalgia, and epilepsy. Further examination is needed.

The Veteran's claims for service connection for hearing loss and obstructive sleep apnea are being remanded due to the need for additional medical examinations.

The Board has dismissed the claim of service connection for obstructive sleep apnea as there is no appeal on this issue. The rating in excess of 70 percent for PTSD and MDD remains pending and requires further remand to obtain updated VA treatment records.