Sleep apnea Board decisions

The Veteran's lumbosacral strain, right lower extremity femoral radiculopathy, and right and left lower extremity sciatic radiculopathy are all rated at 20 percent since January 6, 2018. A TDIU is granted from that date.

The Board has decided to remand the case for further development and an examination, as the current opinions are inadequate.

The Veteran's service-connected disabilities did not render her unable to secure and follow a substantially gainful occupation prior to March 14, 2017.

The Board has remanded the case for further development to obtain an addendum opinion addressing whether the Veteran's service-connected disabilities, to include GAD, caused or aggravated his obesity and whether OSA would not have occurred but for obesity. The appeal is currently in a state of pending status.

The Veteran's obstructive sleep apnea is found to have had its onset during his active service, and the Board grants service connection for this condition on a direct basis.

The Board has determined that the Veteran's sleep apnea may be related to service, specifically asbestos exposure and contaminated water at Camp Lejeune. However, further examination is needed to clarify these connections.

The Board has remanded the Veteran's claims for service connection and increased rating for sleep apnea, arthritis of the hands and knees, hypertension, diabetic nephropathy, and bulging discs due to a lack of VA medical examinations.

The Board has remanded the claims for service connection due to a lack of compliance with previous remands and the need for new medical opinions. The issues are inextricably intertwined.

The Board has determined that the VA examinations provided were inadequate for adjudication purposes and remanded the case to obtain further clarification of the Veteran's lumbar spine disability, including his lay statements regarding incapacitating episodes and flare-ups. The Board also requested additional medical records from private providers.

The Board has determined that new evidence was received after the February 2020 SOC and has not been considered by the AOJ. The claims for service connection are being remanded to allow the AOJ to review this additional evidence.

The Veteran's Barrett's esophagus, GERD, sleep apnea, and hypertension are related to his military service including exposure to contaminated water at Camp Lejeune. The Board has determined that a VA examination is needed for these claims.

The Board has determined that the Veteran does not have a current hip condition, ankylosing spondylitis, sleep apnea, cervicogenic headaches, hemorrhoids, neuropathic pain at post herniorrhaphy site, erectile dysfunction, or brain tumors related to his service. The claims for these conditions are denied.

The Veteran's service-connected disabilities require regular aid and attendance, warranting special monthly compensation at the aid and attendance rate.

Service connection is granted for acquired psychiatric disorder, including PTSD, Generalized Anxiety Disorder, Alcohol disorder, Major Depression Disorder (MDD), and Bipolar II.,Service connection is also granted for gastritis, GERD, lumbosacral strain, visual impairment, and erectile dysfunction.

The Veteran's GERD is currently rated at a 10 percent rating, but the Board has determined that a higher 30 percent rating is warranted.,For her lumbosacral strain, the Veteran's current 10 percent rating is being remanded for further examination and evaluation.

The Veteran's attorney has withdrawn the appeal for service connection for sleep apnea, and the Board has dismissed it.

The Board has determined that the Veteran's obstructive sleep apnea disability is proximately due to his service-connected right knee degenerative arthritis and left knee degenerative arthritis, granting service connection on a secondary basis.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as there is at least equipoise evidence to support this conclusion.

The Veteran's appeals for service connection for diabetes mellitus and obstructive sleep apnea, both including as due to service-connected chronic adjustment disorder with PTSD, are dismissed because the Board erroneously docketed them under two different appeal streams.

The Veteran's lumbosacral strain has been granted an initial 20 percent rating, but no higher. The condition is characterized by muscle spasms resulting in an abnormal gait.