Sleep apnea decisions — 2022

The Veteran's lumbosacral strain with degenerative disc disease and IVDS is rated at 40 percent, which is the maximum schedular rating available. The Veteran's radiculopathy of the left femoral nerve is also rated at its maximum of 20 percent.

The Board has decided to remand the issue of whether new and material evidence was received in order to reopen the service connection claim for sleep apnea. The Veteran needs to be provided with a Statement of the Case (SOC) so he can file an appeal if he wishes.

The Board has determined that the Veteran's obstructive sleep apnea is likely to have started during his military service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities rendered him unable to obtain and/or maintain substantially gainful employment, entitling him to a TDIU.

The Veteran withdrew her appeals for service connection on all listed conditions before the Board could make a decision.

The Board has decided to remand the case due to a need for a new VA medical opinion regarding the Veteran's obstructive sleep apnea, as the previous opinion did not consider whether it constitutes a MUCMI.

The Veteran's claims for service connection for asthma, sleep apnea, diabetes, and hypertension are being remanded due to incomplete STRs and SPRs. Additional requests for these records are needed, as well as formal determinations regarding the likely level of exposure to asbestos and other environmental hazards during service. The Veteran should also be provided with VA examinations for his diagnosed conditions.

The Board has dismissed the Veteran's appeals for various rating claims related to his knee, hip, and radiculopathy conditions. The issues were not pursued further as the Veteran withdrew his appeal.

The Board has remanded the claims of service connection for an acquired psychiatric disorder, COPD, and a sleep disorder due to inconsistencies in the Veteran's reported stressors and lack of credible supporting evidence.

The Board has remanded the cases for additional medical opinions to clarify whether the Veteran's obstructive sleep apnea and heart disability are at least as likely as not aggravated by his service-connected diabetes mellitus, and to determine if he has a current diagnosis of ischemic heart disease.

The Board has reopened the Veteran's claim for service connection of obstructive sleep apnea, but has remanded it due to insufficient evidence regarding its onset and relationship to service.

The Veteran's sleep apnea is remanded for further development, including a VA examination to determine its etiology and whether it is related to service-connected conditions.

The Veteran's appeals for service connection for pain disorder, digestive disease, generalized anxiety disorder, and sleep apnea have been dismissed as the Veteran withdrew his claims prior to a decision being made.

The Veteran's appeal for sleep disturbance was dismissed as she withdrew her claim.,Service connection is granted for gastrointestinal disorders including GERD, diverticulosis, and IBS. The Board found these conditions are related to service in the Southwest Asia theater of operations.

The Board has decided to remand the Veteran's claims for service connection due to non-compliance with previous remands and potential issues in communication.

The Board has determined that the VA examination provided for the sleep apnea claim was inadequate and requires further action, including obtaining an addendum opinion to address whether the Veteran's sleep apnea is related to service or his service-connected PTSD.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is rated at 40 percent, but no higher. The Board found that her symptoms most closely approximated the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the issues of service connection for a lumbar spine disability, radiculopathy of bilateral lower extremities (secondary to lumbar spine disability), sleep apnea (to include as secondary to service-connected PTSD), and kidney disability (to include as secondary to service-connected hypothyroidism) due to insufficient medical opinions regarding their etiology.

The Veteran's appeals for a compensable rating for bilateral hearing loss, an increased rating for lumbosacral strain with DDD, and TDIU are all remanded due to the need for updated VA treatment records and a VA examination.

The Board has determined that the VA examinations and development are not in compliance with the prior remand directives. The claims for increased ratings will be addressed again to obtain a medical opinion compliant with the holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017).