Sleep apnea Board decisions

The Veteran's claims for increased ratings for sleep apnea and allergic rhinitis were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's PTSD is rated at 70 percent from April 5, 2021.,Hypertension has been granted as service-connected.,Obstructive sleep apnea and heart disorders (including atrial fibrillation and congestive heart failure) are also service-connected.,Migraines have been granted as service-connected.,The Veteran is now eligible for a TDIU due to his service-connected disabilities.

The Board has granted an effective date of April 11, 2019 for the award of service connection of left and right sciatic nerve radiculopathy associated with lumbosacral strain. An initial rating of 100 percent for coronary artery disease is also granted.

The Board has remanded the claims for increased ratings for sarcoidosis with OSA and macular skin lesions, as well as entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran's sarcoidosis does not meet criteria for higher than 50 percent or 10 percent ratings under applicable diagnostic codes.

The Board has granted an effective date of April 11, 2019 for the award of service connection of left and right sciatic nerve radiculopathy due to lumbosacral strain disability. The Veteran's coronary artery disease is also rated at 100% since September 24, 2013.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his service-connected allergic rhinitis and chronic sinusitis. A new examination is needed.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected PTSD, finding that obesity caused by PTSD is an intermediate step in causing the sleep apnea.

The Veteran's claims for service connection for loss of teeth due to trauma, initial rating for lumbosacral spine strain, and initial compensable rating for bilateral foot tinea pedis have all been denied. The Board found that the Veteran did not meet the criteria for these conditions based on the evidence provided.

The Veteran's claim of service connection for obstructive sleep apnea, to include as secondary to his service-connected PTSD with mild alcohol use disorder, is being remanded due to a pre-decisional duty to assist error. The Board finds that an examination is needed to determine the nature and etiology of the Veteran's sleep apnea.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea was caused by his service-connected gastroesophageal reflux disease (GERD) and hypertension, and thus grants service connection for this condition.

The Board has granted an effective date of July 1, 2012 for the Veteran's TDIU and DEA eligibility. The decision is based on the fact that the Veteran became unable to secure or follow a substantially gainful occupation due to his service-connected disabilities starting from January 26, 2009.

The claims for service connection for elevated blood pressure, obstructive sleep apnea, and gastroesophageal reflux disease (GERD) were denied as new relevant evidence was not received. The claim for a disability rating in excess of 30 percent for the service-connected posttraumatic stress disorder (PTSD) is remanded.

The Veteran's low back disability is rated at 10 percent, and an increased rating higher than 10 percent is not warranted.,An increased rating of 70 percent for schizoaffective disorder from April 14, 2019, is granted. The Veteran also received a 100 percent rating effective October 21, 2019.,The Veteran's TDIU claim is granted and effective since April 14, 2019.

The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection due to lack of evidence showing disability manifestations prior to April 14, 2021.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and is not otherwise related to a service-connected disability.

The Board has remanded the issues of service connection for lumbosacral strain, left hand strain, and right hand strain due to a lack of clear and unmistakable evidence that these conditions existed prior to service.

The Veteran's service-connected disabilities, specifically degenerative disc disease of the lumbar spine, posttraumatic stress disorder (PTSD), and radiculopathy right lower extremity, are alleged to have caused or aggravated his sleep apnea. The Board finds a pre-decisional duty to assist error in not addressing this theory of entitlement and requires a new VA examination.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to a duty-to-assist error in failing to provide an adequate medical examination. The AOJ is required to obtain a new medical opinion from the appropriate clinician to address the nature and etiology of the Veteran's diagnosed obstructive sleep apnea, considering obesity as an intermediary between his service-connected conditions and his current disability.

The Board granted service connection for right lower extremity radiculopathy effective from September 17, 2022. An initial 20 percent rating was granted for the condition prior to July 18, 2023, and denied a higher rating thereafter. The Veteran's obstructive sleep apnea was not found to be service-connected.

The Board denied earlier effective dates for increased ratings of left and right lower extremity radiculopathies, as well as a higher rating for lumbosacral strain with degenerative arthritis prior to December 12, 2015.,The Veteran's claim for TDIU was also REMANDED.