Sleep apnea decisions — 2022

The Board has remanded the claims of service connection for recurrent sleep disability and hypertension due to inadequate rationale in previous VA opinions. The Veteran's obesity is not considered an intermediary step, but rather a result of consuming excessive calories.

The Board denied service connection for sleep apnea as there was no evidence linking the condition to service or any service-connected disability.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is directly related to service or caused by his service-connected GERD and/or sinusitis.

The Veteran's asthma and sleep apnea are rated at 60 percent each, resulting in a combined rating of 70 percent. The Board has granted TDIU based on the service-connected disabilities.

The Board denied the Veteran's claim for service connection for retinitis pigmentosa, finding no competent evidence to support a link between his current eye conditions and service.

The Board has dismissed the appeals for service connection for sinus infections, sleep apnea, and initial compensable disability ratings for service-connected left and right hand and arm burns scars as the Veteran withdrew his appeals through his authorized representative.

The Board has dismissed the appeal for service connection of erectile dysfunction due to withdrawal by the Veteran. The claims for left thumb condition, multiple myeloma, and obstructive sleep apnea (OSA) are remanded as new evidence was received that warrants reopening these claims.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected panic disorder.

The Veteran's obstructive sleep apnea and aggravated celiac disease are granted service connection.

The Board has remanded the claims for bilateral knee degenerative arthritis and obstructive sleep apnea due to inadequate medical examinations in previous decisions.

The Board has remanded the Veteran's claims for sleep apnea and bilateral hearing loss due to insufficient opinions regarding their etiology. The Veteran contends that his sleep apnea is secondary to PTSD, while his bilateral hearing loss is related to in-service noise exposure.

The Veteran's initial rating for lumbosacral strain is granted at 10 percent from August 10, 1990 to December 3, 2015. A higher rating is denied from December 2, 2015 to December 25, 2019.

The Board has remanded the case due to a lack of compliance with previous remand directives regarding the severity of the Veteran's degenerative arthritis of the lumbosacral spine prior to September 22, 2015. The case is now pending for further consideration.

The Board has granted service connection for obstructive sleep apnea, gastroesophageal reflux disorder, and hemorrhoids as aggravated by the Veteran's service-connected disabilities.,Obstructive sleep apnea, gastroesophageal reflux disorder, and hemorrhoids were found to be substantially caused or aggravated by the Veteran's obesity, which was itself a substantial factor in being caused or aggravated by his service-connected conditions of major depressive disorder, cervicodorsal myositis, hypertension, and dermatitis.

The Veteran's OSA and heart disorder are denied as secondary to the service-connected asthma.,The Veteran's headache disorder is not related to his service.

The Veteran's MDD is granted as service connected. The breathing problem and sleep disorder are remanded for further review.

The Board dismissed the appeal for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to January 5, 2022. The RO granted service connection and assigned disability ratings for the low back disability and associated lumbar radiculopathy.

The Board has remanded the cases due to inadequate rationale in its decision regarding service connection for OSA and ED, specifically because it failed to adequately explain whether the April 2021 VA medical opinion was adequate. The Veteran's symptoms of OSA are observed by his wife, which is considered competent evidence. For ED, the Board did not discuss a theory that it may be secondary to PTSD.

The Board has decided to remand the case due to inadequacies in the VA opinions regarding the etiology of the Veteran's sleep apnea. The claim will be reconsidered with a new examination and additional evidence.

The Veteran's claims for service connection for obstructive sleep apnea and an acquired psychiatric condition (claimed as PTSD and anxiety) are being remanded due to the need for additional medical opinions.