Sleep apnea decisions — 2022

The Board has remanded the cases due to the need for additional development, including obtaining VA treatment records and affording the Veteran a VA examination.

The Board has determined that additional remand is necessary to obtain updated medical opinions regarding the Veteran's claims for service connection for OSA, low back disability, left knee condition, and right knee condition. The opinions must consider the Veteran's lay statements and other relevant evidence.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, major depressive disorder, atherosclerotic heart disease, sleep apnea, and residuals of plantar warts of the right foot, have rendered him unable to secure or follow substantially gainful employment prior to February 18, 2014. The Board has granted TDIU effective from February 26, 2010.

The Board has remanded the issues of service connection for a gastrointestinal disease and entitlement to an increased rating for lumbosacral spine disability. The Veteran's claim for increased rating remains in appellate status as his current evaluation is 20 percent, effective December 21, 2018.

The Veteran's claim for bilateral hearing loss was dismissed as the benefit sought on appeal has been fully granted.,Service connection for a tooth disorder secondary to GERD is denied. The evidence does not support a finding that the condition began during service or is related to an in-service injury.

The Board has remanded the claims for additional development, including obtaining VA and non-VA treatment records, as well as medical opinions regarding the Veteran's current conditions. The service connection claims are not currently decided on their merits.

The Board has determined that the Veteran's September 2018 VA Form 9 was timely filed, thus granting the appeal as to whether the substantive appeal was timely.

The Board has remanded the case due to inadequate examination opinions regarding the onset and causation of sleep apnea, as well as its aggravation by a service-connected nose fracture with deviated septum. The Veteran's BMI in service was consistently greater than 30, which may support an onset in service but does not explain why his sleep apnea is unlikely to have had its onset there.

The Board dismissed the appeals for earlier effective dates for service connection of right shoulder disability and left upper extremity radiculopathy.,For the entire rating period from July 18, 2018, to April 4, 2018, the Veteran's right upper extremity radiculopathy was rated at 20 percent; for the initial rating period from April 4, 2018, to present, the left upper extremity radiculopathy was rated at 20 percent. The appeals for increased ratings were dismissed as there is no evidence of moderate incomplete paralysis.,The Veteran's low back degenerative disc disease and spondylosis are service-connected, with a grant of service connection based on continuity of symptomatology since service separation.,Service connection was denied for right foot pes planus, left foot pes planus, right hand disorder, obstructive sleep apnea, acquired psychiatric disorder (insomnia and sleep disturbances), erectile dysfunction, and defective vision in both eyes. Service connection was also denied for a right hip disorder.

The Veteran's service-connected levoscoliosis and lumbosacral strain have been granted a 10 percent rating since April 25, 2022. The right wrist disability has been increased to 60 percent since that date. SMC for loss of use of the left hand is denied.

The Veteran's claims for increased ratings for bilateral hearing loss and service connection for acquired psychiatric disorders, including PTSD, schizophrenia, schizoaffective disorder, depression, anxiety, and sleep apnea are remanded due to the need for additional medical opinions and records.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a causal relationship between his in-service experiences and his current condition. The Board also found insufficient evidence to support a secondary service connection based on PTSD.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the Veteran's need for aid and attendance due to her service-connected disabilities.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not begin during service and is not related to his service-connected PTSD or obesity as an intermediate step between his service-connected musculoskeletal disabilities. The evidence does not support a finding of undiagnosed illness or medically unexplained chronic multi-symptom illness.

The Veteran's current right and left knee disorders are related to his military service.,OSA is not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Veteran's service-connected disabilities render him unable to secure or maintain any substantially gainful occupation.

The Veteran's TDIU claim for PTSD due to service-connected PTSD is granted. The obstructive sleep apnea claim, which was secondary to PTSD, is remanded for further development.

The Veteran's skin disability, diagnosed as prurigo nodularis, is related to her military service and has been granted service connection. The Board also found that the Veteran's bilateral foot, hand, hip, sleep apnea, and GERD disabilities are related to her active service.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient evidence regarding its onset and relationship to active service.

The Board denied service connection for obstructive sleep apnea and colonic diverticulosis, finding no evidence of a link to the Veteran's military service or service-connected disabilities. The hypertension case was remanded.,Service connection was not granted as there is insufficient evidence linking these conditions to the Veteran's time in service.