Sleep apnea decisions — 2023

The Veteran's tinnitus has been granted service connection. The Board finds the Veteran's back disability, occasional dizziness, obstructive sleep apnea, heart condition, trouble swallowing with pain in the chest, erectile dysfunction, type II diabetes mellitus, light sensitivity, right lower extremity numbness, and left lower extremity numbness must be remanded for additional development.

The Veteran's service connection claims for PTSD, bilateral pes planus, bilateral lower extremities varicose veins, and a sleep disability (claimed as obstructive sleep apnea) to include as secondary to PTSD are all granted. The cases are remanded for further development.

The Veteran's low back disability is rated at 40 percent, effective July 31, 2023. Radiculopathy of the left and right lower extremities (sciatic and femoral nerves) are also rated as 40 percent each since July 31, 2023.

The Veteran's previously denied claims for service connection are being reopened, and the Board is remanding several issues including gastrointestinal disorders, lumbar spine disorder, heart disorder, ED, sleep apnea, PTSD, bilateral hearing loss, and TDIU.

The Board has decided to remand the case due to insufficient development of evidence regarding whether the Veteran's service-connected psychiatric disability and/or medications prescribed for it caused or aggravated his obesity, which is a substantial factor in causing or aggravating his diagnosed OSA.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD, as well as the aggravation of obesity by PTSD.

The Veteran's spouse is appealing for a total disability evaluation based on individual unemployability due to service-connected disabilities. The issues of service connection for COPD, hypertension, OSA, and ASHD (CHF) are pending in another case docketed under Docket Number 190604-210513. The TDIU claim is remanded as the combined disability evaluation remains below the threshold for extraschedular consideration.

The Veteran's lumbosacral sprain/strain is currently rated at 10 percent prior to May 2023 and increased to 40 percent thereafter. The Board finds that additional development is needed before the claim can be adjudicated.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and thus denied his claim for a total disability rating based on individual unemployability.

The Veteran's petition to reopen his claim for service connection for dysthymic disorder was granted, while the petition to reopen his claim for sleep apnea was denied. The Veteran's hypertension is rated at 10%.

The Veteran's bronchitis is rated at a 10 percent disability rating. The Board also found that the Veteran's sleep apnea is aggravated by his service-connected bronchitis and granted service connection for this condition.

The Board has denied the Veteran's claim for service connection for a low back disability. The claims for service connection for sleep apnea and migraines are remanded due to potential toxic exposure from burn pits during active duty.

The Veteran's claims for increased ratings for his lumbar spine disability are remanded due to the inadequacy of the August 2018 VA Back Conditions examination.

The Board has decided to remand the Veteran's claims for sarcoidosis, right shoulder disorder, and obstructive sleep apnea due to potential service connection based on Gulf War exposure. The claims are being returned for further development.

The Veteran's appeal has been dismissed as he withdrew his appeals for several of the service-connected conditions and rating increases.

The Board dismissed all appeals as the Veteran withdrew his appeals prior to a decision being made.

The Board has granted service connection for obstructive sleep apnea (OSA) and denied an initial compensable rating for migraine headaches. The decision is based on the Veteran's reported symptoms in service, which were early manifestations of OSA.

The Veteran's claims for service connection and effective date have been remanded due to the complexity of the medical issues involved.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board has remanded the claims of service connection for obstructive sleep apnea and bilateral hearing loss due to a lack of VA examinations. The appellant was unable to attend the scheduled examinations on short notice, and good cause has been shown.