Sleep apnea decisions — 2022

The Veteran's left ear hearing loss is granted as service-connected.,The Veteran's LLE radiculopathy is denied as not service-connected.,The Veteran's bilateral foot condition is remanded for further evaluation and determination of its etiology.,The Veteran's memory loss is remanded for further evaluation and determination of its etiology.,The Veteran's bilateral shoulder condition is remanded for further evaluation and determination of its etiology.,The Veteran's bilateral elbow condition is remanded for further evaluation and determination of its etiology.,The Veteran's allergic rhinitis (claimed as a respiratory condition) is remanded for further evaluation and determination of its etiology.,The Veteran's bilateral knee condition is remanded for further evaluation and determination of its etiology.,The Veteran's OSA is remanded for further evaluation and determination of its etiology.,The Veteran's migraine headaches are remanded for further evaluation and determination of their etiology.

The Board has remanded the cases due to insufficient rationale in the June 2021 decision and conflicting medical opinions. Additional development is needed, including obtaining updated VA treatment records and clarifying medical opinions regarding service connection for an acquired psychiatric disorder and obstructive sleep apnea.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his OSA was not causally or etiologically related to any disease, injury, or incident in service; nor is it proximately due to or aggravated by his service-connected disabilities.

The Board has remanded the Veteran's claims for obstructive sleep apnea and residuals of a subarachnoid hemorrhage due to insufficient medical opinions on secondary service connection.

The Veteran's lumbosacral strain is not rated higher than the current assigned ratings before December 2, 2019 and as of December 2, 2019. The case is remanded for further development.

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

The Veteran's service-connected PTSD and gouty arthritis caused him to become obese, which was a substantial factor in causing his secondary disability of Obstructive Sleep Apnea. The Board found that the evidence is at least in approximate balance as to whether these conditions caused or aggravated his OSA.

The Board has decided to remand the case due to procedural errors and will issue a Statement of the Case for the Veteran to perfect his appeal.

The Board has remanded the case for a new medical opinion to determine if the Veteran's sleep apnea is related to his military service, including reports of snoring and cessation of breathing from fellow service members. The issue will be readjudicated after obtaining this information.

The Veteran is granted service connection for PTSD, obstructive sleep apnea as secondary to PTSD, and a back disability. The claims for bilateral shoulder and elbow disabilities are remanded.,Service connection for Meniere's disease (also claimed as dizziness) is remanded.

Service connection for PTSD due to MST has been granted.,Service connection for OSA was denied as there is no evidence of current disability.

The Veteran's service connection claims for hypertension, sinus condition, lung condition (to include as due to exposure to asbestos), stomach condition (to include as due to exposure to contaminated water at Camp Lejeune), headaches (to include as due to exposure to contaminated water at Camp Lejeune), and sleep apnea have all been denied.,The Veteran's service connection claim for a sinus condition has not met the criteria for service connection, as there is no evidence of a chronic sinus condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a sinus condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a lung condition (to include as due to exposure to asbestos) has not met the criteria for service connection, as there is no evidence of a lung condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a lung condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a stomach condition (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a stomach condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a stomach condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for headaches (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a headache condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a headache condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for sleep apnea has not met the criteria for service connection, as there is no evidence of a sleep apnea during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of sleep apnea and that any symptoms can be attributed to a non-service etiology.

The Veteran's headache disability, including migraines, is granted as secondary to his service-connected tinnitus. The acquired psychiatric disorder (including PTSD and depression) and OSA are denied due to lack of evidence linking these conditions to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was no evidence that his current OSA was incurred during or caused by his period of active service. The VA examiner found that the Veteran's OSA was related to his weight gain, not his military service.

The Veteran's sleep apnea is denied as not being caused or aggravated by his service-connected diabetes and peripheral neuropathy.

The Veteran's back disability, characterized by forward flexion limited to less than 30 degrees without unfavorable ankylosis of the thoracolumbar spine, is currently rated at 40 percent for the period from January 30, 2017 to August 24, 2021.,A rating in excess of 40 percent for IVDS from August 24, 2021 is not warranted.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of sleep apnea and obesity, as well as their relation to service-connected conditions.

The Board has remanded the issues of service connection for sleep apnea, an eye disorder, and a vestibular disorder other than vertigo due to lack of sufficient evidence.

The Board has reopened the Veteran's claim for service connection for erectile dysfunction and remanded other claims due to insufficient evidence. The remaining issues are also remanded as new VA examinations are needed.

The Veteran's claim for service connection for a back condition (claimed as back pain) was reopened due to new and material evidence. The Board found that the current lumbosacral strain is etiologically related to an in-service injury, thus granting service connection.