Sleep apnea decisions — 2021

The Board has remanded the claims for service connection for lumbosacral or cervical spine disorder, right shoulder disorder, right wrist disorder, and right ankle disorder due to secondary service-connected right knee disability. The case is being returned for further development.

The Veteran's low back injury with recurrent mechanical lumbosacral strain, left and right lower extremity sciatic radiculopathy were all denied increased ratings. The rating for the right lower extremity sciatic radulopathy was granted beginning on July 14, 2021.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his active duty in Iraq and have continued since then.

The Board denied the Veteran's claims of service connection for sleep apnea, right hand numbness, and left hand numbness due to a lack of evidence linking these conditions to his military service.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea, and the Board dismissed it.

The Board has vacated the denial of service connection for obstructive sleep apnea secondary to major depressive disorder and granted it, finding that the Veteran's major depressive disorder aggravates his obstructive sleep apnea.

The Board has remanded the Veteran's claims for obstructive sleep apnea, right ankle disability, and left ankle disability due to a lack of medical opinion regarding the relationship between his service-connected disabilities and his claimed conditions. The VA is required to obtain an opinion on whether obesity or overweightness caused or aggravated these conditions.

The Veteran's sleep apnea with asthma and allergic bronchitis has been rated at 100 percent since April 5, 2016. The Board found that the Veteran's symptoms warranted this rating due to forced expiratory volume in one second (FEV-1) of less than 40 percent of predicted value.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea. The examiner is requested to provide an additional opinion on whether the Veteran's obesity, caused or aggravated by his service-connected diabetes and/or PTSD, was a substantial factor in causing his sleep apnea.

The Veteran's claim for an increased rating for lumbosacral strain was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.,The Veteran's claim for an earlier effective date for a 50 percent disability rating for PTSD, TBI with persistent depressive disorder and anxious distress was denied because the evidence did not show that a factually ascertainable increase in disability due to service-connected conditions occurred within one year prior to his formal increased rating claim.

The Board has remanded the Veteran's claims for service connection for hyperhidrosis and sleep apnea due to inadequate medical opinions in previous decisions. The Veteran is seeking service connection for these conditions, which are currently considered direct service connections.

The Board has remanded the claims for additional development due to insufficient examination findings. The Veteran's lumbar spine, right knee, and left knee disabilities are all rated prior to April 28, 2021, but a TDIU is granted effective that date.

The appeals for bilateral hearing loss, erectile dysfunction, and personality disorder have been dismissed as the Veteran withdrew his claims.,The appeals for increased ratings of right knee chondromalacia and right hand minimal motor and mild sensory loss have also been dismissed.

The Veteran's service-connected OSA is granted, and his gastrointestinal disability and damaged upper front teeth are remanded for further development.

The Veteran's left foot neuropathy is granted as service connected. The Board has remanded the issue of service connection for OSA due to insufficient evidence.

The Board has decided to remand the case due to a need for an updated vocational evaluation considering recent changes in the Veteran's disability picture and overall employment situation.

The Veteran's skin condition on the feet, diagnosed as onychomycosis on the bilateral hallux nails, is granted service connection. Service connection for sleep apnea is remanded due to lack of direct evidence.

The Veteran's appeal involves multiple service-connected disability claims, including a respiratory condition presumed due to Gulf War exposure. The Board has ordered additional examinations and development for several other conditions related to the Veteran's military service.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to his service-connected conditions or incurred during military service.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service-connected bronchial asthma, and therefore denied the claim for service connection.