Sleep apnea decisions — 2022

The Veteran's lumbosacral strain and impairment of the right tibia and fibula are being remanded for further examination to determine their current severity.,The Veteran's impairment of the right tibia and fibula is also being remanded for further examination to determine its current severity.,The Veteran's liver disability, kidney disability, diabetes mellitus, type II, and heart disability are being remanded due to exposure to contaminated water at Camp Lejeune. Service connection will be considered on a direct basis as well as presumptively based on exposure to contaminated water at Camp Lejeune.,The Veteran's leukemia is also being remanded for further examination to determine its current severity and whether it is related to service, including exposure to contaminated water at Camp Lejeune.

The Board has remanded the case due to lack of substantial compliance with a previous remand directive regarding the examiner's medical background and expertise.

The Board has remanded the claims for kidney disability, obstructive sleep apnea, and left knee strain with gout due to potential issues with the medical opinions provided.

The Veteran's hypertension was diagnosed within one year of his separation from service and is granted. The respiratory disorder and obstructive sleep apnea are denied as there is no evidence they were incurred in or aggravated by service.

The Board dismissed the appeal for an initial rating in excess of 20 percent for cervical spine degenerative disk disease. The Veteran's claim for service connection for REM-associated obstructive sleep apnea (OSA) was granted.

The Board has dismissed the appeals for service connection of sleep apnea, low testosterone, and hypertension. The appeal for a rating in excess of 50 percent for PTSD is remanded.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's psychiatric and musculoskeletal conditions, including PTSD with sleep impairment, chronic lumbosacral strain, lumbar radiculopathy of the left lower extremity, and residuals of puncture wound/contusion right mid-tibia. The TDIU claim is also remanded for further development.

The Board has determined that the Veteran should receive new VA examinations to determine whether his sleep apnea, recurrent lipomas, and GERD disabilities are related to service or service-connected conditions. The claims for these disabilities will be remanded.

The Veteran's PTSD symptoms are now rated at 50 percent, effective throughout the appeal period.,Service connection for tinnitus is granted.

The Veteran's lumbosacral strain has been rated at 40 percent since September 8, 2008. The rating is granted as the condition results in forward flexion of the thoracolumbar spine to 30 degrees or less.

The Board has remanded the case for additional medical opinions regarding whether the Veteran's obstructive sleep apnea is related to service, specifically Gulf War exposures and his service-connected PTSD.

The Veteran's TDIU claim was denied as he did not return the required VA Form 21-8940 and there is no credible evidence showing he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the case for further development and readjudication, including obtaining an addendum opinion regarding the Veteran's service-connected lumbosacral degenerative disc disease with spondylosis from November 25, 2009, to November 17, 2019.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current disability related to constipation, and the right wrist scars were not painful or unstable. The TDIU claim was remanded due to insufficient information regarding the Veteran's employment status.

The Board has granted a TDIU effective December 8, 2011. The issue of entitlement to a higher disability rating for PTSD prior to December 8, 2011 is remanded.

The Board has remanded the cases for obtaining additional medical records and providing a VA examination addendum opinion regarding service connection for vertigo.

Service connection is granted for a lumbar spine disorder, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder.,The Veteran's OSA claim is remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no respiratory injury or disease other than sinusitis and rhinitis during service. The Board also found that OSA symptoms were not manifested during service and are not causally related to service-connected sinusitis with rhinitis.

The appeal for service connection for right hand arthritis is dismissed. The claim of service connection for obstructive sleep apnea (OSA) is denied. The claims for service connection for a respiratory disorder, to include COPD; asbestosis and compensable rating for bilateral hearing loss are remanded.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's current lumbar spine disorder was incurred in or causally related to documented injuries during service. Therefore, service connection for a lumbar spine disorder, including lumbosacral strain with facet joint arthropathy and degenerative arthritis of the spine, is granted.