Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for additional development due to incomplete records and conflicting medical opinions. The issues of service connection for acquired psychiatric disorders, obstructive sleep apnea, hypertension, and erectile dysfunction are being reviewed.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with degenerative joint disease and herniated disc at L4-5 and L5-S1, with intervertebral disc syndrome, and with impaired ejaculation and urinary hesitancy was denied. The claim for an initial rating in excess of 20 percent for right lower extremity peripheral neuropathy with restless leg syndrome was also denied.

The Board denied the Veteran's claims of service connection for left knee disorder, bilateral pes planus, bilateral plantar fasciitis, and sleep apnea. The Board found that there was no evidence to support a direct relationship between these conditions and service.

The Veteran's claims for increased evaluations for DDD of the lumbosacral spine and chronic left knee musculoskeletal pain were denied as his conditions did not warrant a rating in excess of 20 percent.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea. The heart disability claim is denied.

Service connection has been granted for an acquired psychiatric disability, to include unspecified depressive disorder.,Service connection has also been granted for a bilateral pelvic disability and lumbosacral strain disability. However, service connection is being remanded for headaches/migraines.

The Veteran's claim for service connection for obstructive sleep apnea, right knee degenerative joint disease, left knee degenerative joint disease, and multiple joint disorders (gout) is denied. The Board finds that the preponderance of evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board has granted secondary service connection for the Veteran's obstructive sleep apnea (OSA) as it is proximately due to his posttraumatic stress disorder (PTSD).

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the lumbosacral spine, finding that new and relevant evidence submitted by the Veteran supports this decision. The disability is presumed to have started during service.

The Veteran's OSA and tinnitus have been granted service connection. The issue of service connection for an acquired psychiatric disorder is remanded due to a duty-to-assist error.

The Veteran's claims for PTSD, right ear hearing loss, sleep apnea, and tinnitus have been granted. The case is remanded for a new VA examination to determine if the Veteran has current right ear hearing loss for VA purposes and whether it is due to service.

The Veteran's claim for service connection for sleep apnea was initially denied in 2015, but new evidence (diagnosis of mild obstructive sleep apnea) has been submitted. The Board finds this evidence is both new and material as it establishes one element necessary for service connection. As a result, the case is being remanded to allow further development.

The Veteran's claims for PTSD, incontinence, erectile dysfunction, and sleep apnea have been granted with effective dates of August 30, 2007. The issues of service connection for these conditions are all resolved.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's in-service throat abscesses may have contributed to his current condition.

The Board has decided that the Veteran's sleep apnea claim should be remanded for further examination and opinion regarding whether it began during service or is related to his hypertension.

The Board denied service connection for a cervical spine condition, finding that the evidence did not establish it was incurred or aggravated by service. The claimant's current diagnosis of cervical strain and degenerative arthritis is attributed to an in-service injury but not related to her service-connected right shoulder disability.,Service connection for OSA was also denied as there is no evidence linking it to service, with the examiner noting that chronic tonsillitis during service does not increase risk for developing sleep apnea.

The Board has remanded the claims for tinea pedis and sleep apnea due to insufficient development of evidence. The Veteran's service connection claim for sleep apnea is also remanded as there was an inadequate medical opinion in a previous VA examination.

The Board has remanded the case due to insufficient rationale in a previous VA opinion regarding whether the Veteran's sleep disorder is secondary to his service-connected occipital headaches.

The Veteran withdrew his appeal, indicating satisfaction with the decision and wishing to withdraw all remaining issues.

The Veteran's claim for an increased disability evaluation for residuals of a low back injury with degenerative disc disease of the lumbosacral spine is denied as his symptoms do not warrant a higher rating based on limitation of motion or functional loss.