Sleep apnea decisions — 2022

The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral spine degenerative arthritis and strain residuals is being remanded due to a lack of adequate examination.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability for VA purposes.,The Veteran's claims for service connection for neck, left shoulder, right shoulder, left wrist, and right wrist disorders are remanded due to the need for additional development of his treatment records from Community Care providers.,The Veteran's claims for service connection for left foot and right foot disorders are remanded due to the need for an adequate opinion addressing whether these disabilities are related to service.,The Veteran's claim for service connection for a sleep disorder, including sleep apnea, is remanded due to the need for an adequate opinion addressing whether this disability is related to service or aggravated by his service-connected tinnitus.,The Veteran's claims for service connection for an acquired psychiatric disorder and head injury (claimed as CTE) are remanded due to the need for an adequate opinion addressing whether these disabilities are related to service.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his low back disability and acquired psychiatric disorder. The VA will provide a new examination to assess the severity of his low back disability, and an addendum opinion on whether he has a currently diagnosed psychiatric disorder related to service or secondary to his service-connected low back disability.

The Board has determined that the Veteran's sleep apnea is related to his active military service and granted service connection for this condition.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is at least as likely as not related to his military service, specifically his exposure to burn pits during his deployment in Iraq. As a result, the claim for service connection for OSA is granted.

The Veteran's left knee disability is currently rated as 10 percent for arthritis with limitation of flexion and instability, and a separate 10 percent rating for symptomatic removal of semilunar cartilage. The claim for an increased rating remains pending.,OSA with asthma has been rated at 50 percent since its initial grant in March 2019.

The Board has decided to remand the Veteran's claims for bilateral hearing loss and sleep apnea due to insufficient evidence from previous examinations, requiring further VA examination.

The Veteran's appeal for service connection for sleep apnea was dismissed as he withdrew his request for a hearing and the appeal itself.

The Veteran withdrew the appeal regarding service connection for obstructive sleep apnea, leaving only the issue of migraine headaches on appeal.

The Veteran's service connection claims for lumbar strain and sleep apnea have been granted. The claim for gastroesophageal reflux disease (GERD) is being remanded.

The Veteran's obstructive sleep apnea is being remanded for further evaluation to determine if it is related to his service or any other condition, including his service-connected disabilities.

The Veteran's right knee osteoarthritis and obstructive sleep apnea are granted service connection, while the claim for inguinal hernia is dismissed.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's current condition is at least as likely as not related to his active service. The decision affords the benefit of doubt in favor of the Veteran.

The Board has found that a VA examination is needed to determine the etiology of the Veteran's obstructive sleep apnea, which may be secondary to his service-connected disabilities. The examiner will assess whether obesity acts as an intermediate step connecting his obstructive sleep apnea to a service-connected disability.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of a compensable rating for bilateral hearing loss.

The Board has decided to remand the Veteran's claims for an initial compensable rating for service-connected nephrolithiasis and for service connection for a sleep disorder, as secondary to service-connected conditions and obesity. The AOJ is instructed to obtain any pertinent medical records and schedule the Veteran with appropriate examinations.

The Veteran's back disability was rated at 10 percent prior to September 11, 2020 and denied for higher ratings. The rating remained at 10 percent from September 11, 2020 to November 5, 2021 and again denied for higher ratings. For the period from November 5, 2021 to April 27, 2022, a disability rating of 10 percent was granted.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected tinnitus caused or aggravated his obstructive sleep apnea. The VA is instructed to schedule an in-person examination and obtain additional medical opinions addressing these issues.

The Veteran's OSA was previously denied, and the Board has now remanded the case for further development including a VA examination to determine the nature and etiology of his current OSA.

The Veteran's lumbosacral spine disability is rated at 40 percent prior to June 10, 2015 and in excess of 40 percent as of that date.,Right lower extremity radiculopathy of the sciatic nerve is rated at 20 percent prior to October 7, 2017 and in excess of 20 percent as of that date. A separate disability rating of 10 percent for right lower extremity radiculopathy of the external popliteal nerve is granted.,PTSD is rated at 70 percent.,TDIU was granted prior to May 13, 2017.