Sleep apnea decisions — 2023

The Veteran's hypertension is rated at a 10 percent disability rating, effective September 11, 2013.,The Veteran's diabetes mellitus, type II, does not meet the criteria for an increased rating greater than 20 percent.

The Veteran's claims for service connection for a lower back condition, bilateral pes planus, and obstructive sleep apnea have been granted. The claim of entitlement to an increased rating for PTSD has been withdrawn.

The Board has remanded the claims for fibromyalgia, lumbar spine disability, and obstructive sleep apnea (OSA) due to additional development being necessary. The TDIU claim is also remanded as it is inextricably intertwined with these issues.

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's obstructive sleep apnea (OSA). The Veteran and his service members have provided lay statements supporting their belief that OSA is related to service. A VA examination is needed to determine if OSA is directly related to service, or secondary to other service-connected conditions.

The Board has remanded the claims for Heart Condition, Acquired Psychiatric Disorder (including PTSD and unspecified anxiety disorder), Deep Vein Thrombosis of the right leg, Deep Vein Thrombosis of the left leg, and Sleep Apnea due to a duty to assist error.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities from April 6, 2018. Prior to this date, the TDIU was denied as he did not meet the schedular requirements.

The Board has granted service connection for the Veteran's sleep apnea as secondary to his service-connected PTSD.

The Veteran's claims for right upper extremity and left upper extremity diabetic peripheral neuropathy have been denied.,The Veteran's diabetes mellitus has been granted a 20% rating effective October 28, 2019. The ratings for the left and right lower extremities diabetic neuropathies affecting the sciatic nerve are also granted with the same effective date.

The Board has decided to remand the case due to inadequate medical opinions and requires a new VA examination to determine if the Veteran's back condition is related to his service.

The Board has remanded the case due to insufficient opinions regarding the relationship of the Veteran's obstructive sleep apnea to his service-connected tinnitus and bilateral hearing loss.

The Board has remanded the case due to a lack of a VA examination and medical nexus opinions regarding the relationship between the Veteran's service-connected disabilities, his obesity, and the disabilities subject to this remand.

The Veteran's claim for SMC at the housebound rate was denied as he does not have a single service-connected disability rated 100% and an additional disability or disabilities independently ratable at 60%. The Board found that his TDIU granted due to multiple service-connected disabilities did not meet the criteria for SMC based on housebound status.

The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain a new VA examination to determine if the Veteran's LLE nerve pain is related to his service-connected lumbar spine strain.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's hip, spine, and erectile dysfunction disorders. The claims for service connection will be remanded.

The Veteran's service-connected lumbosacral strain is rated at 40 percent, and the Board finds that a higher initial rating of 40 percent is warranted.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination and obtain an etiology opinion for the Veteran's obstructive sleep apnea.

The Board has decided to remand the claims of service connection for diabetes type 1 and sleep apnea due to a lack of examination, and the examiner must determine if these conditions are related to service.

The Board denied the Veteran's claim for service connection for sleep apnea as new evidence submitted did not provide a link between his current condition and military service.

The Board has granted service connection for the Veteran's right elbow, right hip, and right shoulder disabilities, as well as his sleep apnea, left knee condition, and right knee condition. The decisions are based on direct evidence of in-service injury and current disability.

The Board dismissed the appeals for service connection on several conditions due to the appellant's death.