Sleep apnea Board decisions

The Board has granted service connection for sleep apnea, right wrist ganglion cyst, and denied service connection for left wrist disability and right wrist disability (other than ganglion cyst).

The Veteran's chronic leukemia and recurrent pneumonia are granted service connection. The liver cirrhosis, sleep condition (previously claimed as sleep apnea syndrome), and diabetes mellitus, type II are denied.

The Veteran has withdrawn his appeals regarding earlier effective dates and higher disability ratings for various conditions, including left hip arthritis, peripheral vascular disease, degenerative arthritis with lumbosacral strain, right knee arthritis, and ankle strain. The Board dismissed the appeal due to the withdrawal.

The Veteran's radiculopathy of the left lower sciatic nerve is not productive of moderately severe or severe incomplete paralysis, and thus he does not meet the criteria for an evaluation in excess of 20 percent.,Similarly, his radiculopathy of the left lower femoral nerve also does not meet the criteria for an evaluation in excess of 20 percent due to moderate incomplete paralysis.,The Veteran's lumbar spine disability is remanded for additional examination and analysis.

The Board has determined that new and relevant evidence has not been received to reopen the previously denied claims for service connection for obstructive sleep apnea, penile dysfunction, and bilateral hearing loss. The Veteran's claim of entitlement to a rating in excess of 20 percent for lumbar spine degenerative disc disease is also remanded.

The Board has remanded the claims for service connection for lumbosacral strain and left ankle sprain due to deficiencies in the medical opinions provided. The appellant is seeking service connection for these conditions, which are currently denied.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The appeal for an initial rating in excess of 70 percent for PTSD is dismissed. The Veteran's claim for a TDIU from May 1, 2017 is granted.

The Board has decided to remand the cases of lumbosacral strain and right knee injury/condition due to inadequate medical opinions in the original decision. The Veteran's claims will be reviewed again with a new VA examination.

The Board has granted service connection for obstructive sleep apnea and set the effective date at July 29, 2018.

The Veteran's appeal for an effective date earlier than December 1, 2020 for the addition of his dependent child D.D. to his compensation award was denied as there is no evidence of an earlier application submitted within one year of notification.

The Board has decided to remand the case due to a need for a VA examination regarding the Veteran's sleep apnea, which may be related to in-service exposure to fuels, paint, and sand/dust. The PACT Act requires this examination as it was not considered at the time of the initial decision.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Board has determined that the Veteran's tinnitus first manifested during service and is presumed to have been incurred therein. The claims for hearing loss, frostbite (lower left and lower right), hypertension, erectile dysfunction, and sleep apnea are remanded due to a failure of the AOJ to obtain relevant records.

The Board has determined that the initial decision on service connection for Obstructive Sleep Apnea is inadequate and requires a new medical opinion to determine if it is caused or aggravated by any of the Veteran's service-connected disabilities.

The Board has dismissed all appeals related to the Veteran's claims for service connection and earlier effective dates, as the Veteran died during the pendency of these appeals.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is granted entitlement to a TDIU. The increased ratings for lumbosacral strain and right knee tendonitis are denied.

The Veteran's appeal for a rating reduction from 40 percent to 10 percent for lumbosacral strain was dismissed due to the filing of the Notice of Disagreement being premature and the proposed reduction not going into effect.

The Veteran's sleep apnea is found to have begun during his active service and the Board grants service connection for this condition.