Sleep apnea decisions — 2022

The Veteran's service-connected acquired psychiatric disorder and lumbosacral strain with degenerative arthritis have been granted. The rating for the lumbosacral strain has also been increased to 20 percent.

The Board has determined that the Veteran's current lumbar spine disability, including arthritis, is etiologically related to his active service and granted service connection for this condition.

The Veteran's claim for service connection for a lumbosacral strain, to include herniated bulging discs is remanded due to insufficient medical information and the need for an addendum opinion. The examiner must consider all prior diagnoses in the record and nexus opinions and explain or distinguish any variations in findings and conclusions.

The Board has decided to remand the claims for sleep apnea and respiratory disorder due to insufficient information in the May 2022 VA opinions. The Veteran's service-connected PTSD with depressive disorder is alleged to be a factor in his sleep apnea, but the opinion did not address obesity as a substantial factor or provide adequate reasoning.

The Board has found that there has not been substantial compliance with the previous remand instructions and additional remand is required for further evaluation of the Veteran's claims.

The Board has granted service connection for obstructive sleep apnea (OSA) as the Veteran's symptoms of OSA during active service resulted in a diagnosis shortly after separation.

The Veteran's sleep apnea, lumbar spine disability, and left hip disabilities are being remanded for further examination to determine their etiology and severity.

The Board denied the Veteran's TDIU claim as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's cervical spine disability is granted as secondary to service-connected knee disabilities.,Service connection for migraine headaches is granted based on a history of head pain after tooth extraction during active service.

The Board has granted service connection for left shoulder rotator cuff tendonitis and supraspinatus tear as secondary to the Veteran's service-connected right shoulder and right elbow disabilities.,The Board has also granted service connection for sleep apnea as secondary to the Veteran's service-connected hypertension.

The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.

The Board has remanded the case due to inadequate development, specifically failing to schedule a VA examination for the Veteran's back disability as instructed in the November 2021 remand. The Veteran is required to be provided with notification letters informing him of the date, time, and place of the examination.

The Board has remanded several issues related to the Veteran's cervical spine disability, upper extremity radiculopathy, and sleep apnea. The claims for increased ratings are inextricably intertwined with these other issues and must be addressed before a final decision can be made.

The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no medical evidence establishing a direct or secondary relationship between the condition and his service-connected psychiatric disorder with traumatic brain injury.,For the period prior to December 16, 2020, the Veteran's degenerative arthritis of the lumbar spine was rated at 10 percent. The claim for an increased rating beyond this level was denied as there is no evidence showing that his condition warranted a higher rating.

The Board has determined that the Veteran's right knee, groin, OSA, and PFB disabilities may be related to service. However, due to conflicting evidence regarding pre-service conditions and potential aggravation during service, as well as the need for additional medical opinions, these claims are being remanded.

The Board has decided to remand the case due to inadequate examination in determining whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected unspecified depressive disorder.

The Veteran's appeals for service connection and higher ratings for rhinitis, hypertensive heart disease, aerophagia, DMII, and sleep apnea have been dismissed. The claims of secondary service connection for these conditions are remanded.

Service connection for a lumbar spine disorder, bilateral ankle disorder, bilateral foot disorder, and obstructive sleep apnea (OSA) is denied.,The Veteran's claims of service connection for these conditions are all denied as the evidence does not support direct service connection.

The Veteran's claims for service connection for bilateral pes planus, OSA (to include as secondary to service-connected allergic rhinitis), tinnitus, and GERD have been granted.,Service connection for OSA is established based on the Veteran's credible report of its onset during active service and recurrence since.

The Veteran is granted an effective date of November 30, 2001 for the award of SMC based on need for regular aid and attendance.,An earlier effective date for the award of a separate disability rating for right foot drop due to sciatic nerve associated with lumbosacral spondylosis is denied.