Sleep apnea decisions — 2022

The Veteran's service connection claim for sleep apnea is denied. The restoration of a 10% disability rating for bilateral blepharitis and dry eye syndrome from April 30, 2019, is granted. Other issues regarding increased ratings or TDIU are remanded.

The Veteran's current anxiety disorder is proximately due to, or the result of, his adjudicated service-connected disabilities. Service connection for an anxiety disorder as secondary to his service-connected disabilities has been granted.

The Board has reopened the claim of service connection for obstructive sleep apnea and granted it, finding that new evidence submitted by the Veteran reasonably raises the possibility of substantiating his claim. The Board also found that the Veteran's current diagnosis of sleep apnea is related to his military service.

The Board has remanded the Veteran's claims for service connection due to exposure to herbicide agents (PACT Act, Agent Orange/Camp Lejeune) for additional development.

The Veteran's appeal of his claim for an initial disability evaluation in excess of 50 percent and to a disability evaluation in excess of 70 percent from February 1, 2019, for service-connected PTSD with unspecified depressive disorder has been withdrawn. The Board also remanded several other issues including service connection claims for skin cancer and residuals, sleep apnea, vision disability, acid reflux, shin splints, right upper extremity ulnar nerve neuropathy, right shoulder degenerative joint disease, left shoulder rotator cuff tendonitis (now diagnosed as left shoulder strain), TDIU, and SMC.

The Veteran's right inguinal hernia is granted a 10 percent rating. The initial rating for the thoracic spine disability from November 8, 2016 to August 25, 2021 is denied as it does not meet the criteria for a higher rating. Service connection for an acquired psychiatric disorder is remanded.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has also remanded several issues related to the Veteran's back disability.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of an initial increased rating for type II diabetes mellitus.

The Board has remanded the claims of service connection for obstructive sleep apnea and an acquired psychiatric disorder, including generalized anxiety disorder and major depressive disorder. The issues are being remanded due to obesity caused or aggravated by service-connected PTSD.

The Board has determined that a VA examination is needed to determine if the Veteran's obstructive sleep apnea is related to service, including abnormal sleep patterns due to training in the Marine Corps and any prescriptions taken to correct these issues. The examiner should also address whether the Veteran's asthma aggravates his sleep apnea.

The Board has remanded the Veteran's claims for service connection for sleep apnea, a respiratory disorder other than sinus and sleep apnea, and a sinus disorder due to incomplete STRs and inadequate VA medical opinions. The Veteran is also entitled to an examination and opinion addressing his claimed conditions.

The Veteran's sleep apnea is related to his service-connected PTSD, and the claim for service connection is granted. The issues of rating for trauma and stressor related disorder, left knee disability, right knee disability, and peripheral neuropathy are remanded.

The Veteran's service-connected back condition was denied a higher rating prior to February 18, 2020 and after that date. The left knee conditions were also denied higher ratings.,A separate 10 percent rating for left knee instability from August 27, 2015 to June 4, 2017 was granted.

The Veteran's sleep apnea is granted as secondary to his service-connected allergic rhinitis. The Board finds that additional development is needed for the increased rating claims for left and right knee disabilities.

The Veteran's claims for earlier effective dates and service connection have been remanded due to the need for additional clarification and evidence.

The Board has remanded the Veteran's claims for low back disability and left shoulder condition due to inadequate medical opinions regarding service connection.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, TBI, headaches, right ring finger fracture, scar of the proximal right lateral calf, and proximal right anterior thigh scars were denied. The VA determined that the current evidence did not support higher disability evaluations based on the severity of the service-connected conditions.

The appeal for service connection of PFB is dismissed. The appeal for service connection of OSA is remanded.

The Veteran's lung disorder, bronchitis, and sleep apnea are all granted as service-connected.,Service connection is also granted for the Veteran's gastric ulcer (gastric disorder) and liver disorder.

The Veteran's service connection for sleep apnea is granted, and his initial rating for PFB is increased to 30 percent. The claim for a respiratory disorder remains denied.