Sleep apnea decisions — 2023

The Board denied the Veteran's claim for a TDIU prior to January 31, 2017, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board denied service connection for low back, left and right elbow, left and right knee disabilities, as well as insomnia and OSA. The Veteran's claims were not supported by the medical evidence presented.,Service treatment records did not show any complaints or diagnoses related to these conditions. Post-service medical records indicated that the Veteran was diagnosed with degenerative arthritis of the lumbar spine, bilateral elbow (and tricep tendonitis), and knee strain.

The Veteran withdrew his appeals regarding increased ratings for hiatal hernia, PTSD with nightmare disorder, and lumbosacral strain. The appeal is dismissed.

The Board denied the Veteran's claim for a TDIU prior to June 3, 2019, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has remanded several issues related to service connection and rating for various disabilities, including bilateral hearing loss, headaches, PTSD, OSA with asthma, patellar tendinitis, left ankle strain, and tinnitus. The AOJ is instructed to review all relevant evidence and issue a SSOC.

The Veteran's claims for service connection for sinusitis and sleep apnea have been reopened.,Service connection has been granted for both conditions.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new VA examination and opinion regarding whether his current OSA had onset during service.

The Board has determined that the Veteran's claims for service connection for sleep apnea, TDIU, and SMC based on need for aid and attendance are remanded due to additional evidence submitted by the Veteran and other procedural issues.

The Veteran's claims for service connection for obstructive sleep apnea, a neck condition, and back problems with arthritis were denied due to lack of evidence linking these conditions to his military service.,An earlier effective date claim for PTSD with cognitive disorder, not otherwise specified, alcohol dependence, and status post concussive head injury was dismissed as it is not legally viable.

The Board denied service connection for sleep apnea and an initial compensable rating for migraine headaches. The Veteran's current diagnoses were not supported by the evidence, and her symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes.

The appeal for service connection for a right hand disability is dismissed. The appeals for low back disability, chest pains, GERD, OSA, and acquired psychiatric disorder are remanded.

The Veteran's TDIU claim was granted effective May 15, 2018. The Board found that the earlier effective date of January 30, 2018, is warranted due to his service-connected PTSD and other disabilities.

The Board has remanded the Veteran's claims for obstructive sleep apnea and hypertension due to inadequate opinions on direct and secondary theories of entitlement.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's back disability, rhinitis, and other conditions. The VA will attempt to obtain relevant private treatment records from WHC and Dr. S., as well as any outstanding VA treatment records. A new VA examination will be scheduled for these claims.

The Board has remanded the claims of service connection for acquired psychiatric disabilities, Meniere's disease, cervical spine disability, left shoulder disability, right shoulder disability, and lumbosacral spine disability due to insufficient evidence. The Veteran's complete service treatment records are not available.

The Board has remanded the Veteran's claims for additional development, including scheduling him for VA examinations to address his service connection and rating issues.

The Board has remanded the case due to a lack of a VA examination regarding the etiology of the Veteran's obstructive sleep apnea (OSA). The examiner is requested to provide an opinion on whether OSA began during service or is otherwise related to service, including exposure to chemicals in service.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, effective November 7, 2014. The Board finds that the evidence does not show limitation of forward flexion to 30 degrees or less, even when considering pain and other factors, so a higher rating is not warranted.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. An initial 70 percent rating for PTSD is also granted.

The Board has remanded the claims for further development and consideration, including obtaining addendum opinions regarding service connection for various conditions.