Sleep apnea decisions — 2022

The Veteran's lumbosacral strain is rated at 10 percent, and the Board finds no evidence of a current right or left leg disorder. The claims for service connection for hip disorders are remanded due to insufficient medical opinions.,The Veteran has not been diagnosed with a current right or left leg disorder, and his hip disorders are not considered aggravated by his lumbosacral strain.

The Board has determined that the remand orders were not substantially complied with, and thus the issues of service connection for low back disability, bilateral sensitive feet, hypertension, and sleep apnea are being returned to the AOJ for further development.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for OSA and DMII. The cases are being remanded for further development.

The Board has granted service connection for obstructive sleep apnea, finding that it is caused by the Veteran's obesity, which was caused by his service-connected lumbar degenerative disc disease, associated radiculopathy, and depressive disorder.

The Board has decided to remand the Veteran's claims for allergic rhinitis, obstructive sleep apnea (OSA), hypertension (HTN), left ankle condition, and tinea versicolor due to incomplete service records and lack of authorization for private treatment evidence. Additional development is needed to clarify the Veteran's periods of service and obtain relevant medical records.

The Board has granted the extension of a temporary total evaluation for convalescence following surgery associated with a service-connected lumbosacral spine disability through September 30, 2017. The case is remanded for further action regarding an extension beyond this date and for a VA examination to assess the current severity of the Veteran's lumbar spine disability.

The Board has granted service connection for left hip osteoarthritis and trochanteris pain syndrome, low back strain, right hip degenerative arthritis and trochanteris pain syndrome, and left shoulder strain.,Service connection is established for the appellant's preexisting left hip disorder as aggravated by a period of ACDUTRA.

The Board has remanded the case due to insufficient VA opinions regarding the etiology of the Veteran's obstructive sleep apnea and whether his obesity from service-connected disabilities is a substantial factor in causing his sleep apnea.

The Veteran's appeal for a higher rating for obstructive sleep apnea with bronchitis was denied, and the Board found that he is not entitled to TDIU on an extraschedular basis due to his service-connected disabilities.

The Board has denied service connection for chronic fatigue syndrome (CFS) due to lack of a current diagnosis. The claims for obstructive sleep apnea (OSA), gastroesophageal reflux disease (GERD), hypertension (HTN), right leg muscle pain, and angioedema are remanded for further development.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD and substance abuse in remission, finding that his obesity due to PTSD is a substantial factor in causing his sleep apnea.

The Veteran's claim for a higher rating for his lumbosacral strain, including degenerative disc disease and foraminal stenosis, is granted for the appeal period prior to March 20, 2012. For the appeal period after March 20, 2012, the claim remains denied.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment in the competitive market, necessitating a TDIU rating.

The Veteran's appeal for service connection of obstructive sleep apnea has been dismissed due to the death of the appellant. The Board does not have jurisdiction to proceed with the case as the appellant is deceased.

The Veteran's sleep apnea is granted as service-connected, and a rating of 10 percent for his left knee disability is granted prior to November 14, 2019. However, the claim for higher ratings since that date is denied.

The Board has determined that the Veteran's claims for service connection for a sleep disability, to include sleep apnea and back disability are not fully developed. The effective dates for granting service connection have already been established.

The Board has remanded the claims of service connection for a left-hand disorder and sleep apnea due to incomplete compliance with previous remand directives.

The Board has restored service connection for intramucosal adenocarcinoma of the GE junction with Barrett's esophagus and GERD, finding that the original grant was not clearly and unmistakably erroneous due to presumed exposure to Agent Orange during service.

The Veteran's service connection for obstructive sleep apnea and PTSD has been granted, with a 70 percent rating for PTSD effective February 5, 2019. The earlier effective date claim for PTSD was denied.

The Veteran's attorney withdrew the appeal for service connection of sleep apnea, leading to its dismissal.