Sleep apnea decisions — 2022

The Board has denied service connection for bilateral hearing loss and sleep apnea, but the issues of headaches, hypertension, sinus disability (allergic rhinitis), and asthma are being remanded due to inextricably intertwined nature with the primary issue.

The Veteran's service-connected disabilities (lumbosacral strain, left knee patellofemoral syndrome with arthritis, right knee patellofemoral syndrome with arthritis, and right shoulder limitation of motion) rendered him unable to secure or follow a substantially gainful occupation from December 30, 2011, to July 30, 2014.

The Board has decided to remand the case due to inadequate examination and missing sleep study results. The Veteran's obstructive sleep apnea is being reviewed again with a new medical opinion.

The Board has remanded the Veteran's claims for service connection for deviated nasal septum, sleep apnea, narcolepsy, cervicalgia/neck pain, and headaches due to a lack of nexus opinions in her case. The issues are being returned for further examination and opinion.

The Board has granted service connection for obstructive sleep apnea and tinnitus, but has remanded the issue of service connection for gastroesophageal reflux disease (GERD).

The Board has reopened the claim of service connection for diabetes mellitus, type 2, but has remanded it for further examination. The Veteran's claim for service connection for sleep apnea is also being remanded.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD. The issues of service connection for hypertension and gastrointestinal disorder (GERD) are remanded pending completion of additional development.

The Veteran's claims for increased rating and TDIU are being remanded due to insufficient evidence regarding the severity of his service-connected lumbosacral strain with bilateral sacroiliitis (claimed with spondyloarthropathy).

The Board has remanded the claim of service connection for sleep apnea due to a lack of consideration regarding whether it is related to the Veteran's service-connected back disability and opioid use.

The Veteran's thoracolumbar spine disability, diagnosed as thoracolumbar spine degenerative disc disease, is granted as service connected. The Board found that the Veteran's account of having such in service was credible and consistent with his combat service.

The Veteran's claims for increased ratings and service connection have been denied. The lumbosacral spine disorder is rated at 10 percent, while the small bowel obstruction postoperative condition remains at a 10 percent rating.

The Board has remanded the claims for asthma, hypertension, and sleep apnea due to potential service connection based on exposure during active duty. The diabetes mellitus claim remains denied.

The Board has denied service connection for a right knee disability, lumbosacral spine disability, trigger finger in both hands, and carpal tunnel syndrome of the bilateral upper extremities due to lack of evidence supporting an in-service event or continuous post-service disability. The claims are remanded for further development.

The Veteran's stomach disorder is not currently service-connected.,A compensable rating for hemorrhoids has been dismissed.,Service connection for major depressive disorder with anxiety has been granted.,Service connection for lumbar spine strain, arthritis and IVDS has been granted.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have been granted as secondary to the low back disorders.,Service connection for obstructive sleep apnea has been granted.,The Veteran's stomach disorder is not currently service-connected.

The Veteran's PTSD with alcohol use disorder is currently rated at 70 percent, and the Board finds that he does not meet the criteria for a higher rating.,Right knee patellofemoral pain syndrome and tendonitis are remanded for further evaluation.

The Board has reopened the claim of service connection for sleep apnea. The issues of earlier effective date for erectile dysfunction, restoration of a higher disability rating for PTSD with alcohol use disorder and residuals of TBI, separate compensable disability rating for residuals of TBI after August 4, 2021, initial compensable rating for migraines associated with TBI prior to July 21, 2021, initial compensable rating for migraines associated with TBI since July 21, 2021, and a compensable disability rating for left ear hearing loss are all remanded.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his obesity, which is an intermediary step between his service-connected PTSD and the claimed respiratory disability.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his military service.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess his lumbosacral strain and adjustment disorder. The issues of service connection for upper and lower extremity neurological disorders are also remanded.

The Board has remanded the claims for service connection for a right shoulder disability, left knee disability, and obstructive sleep apnea due to concerns about the competency of the VA examiner who conducted the March 2022 examination.