Sleep apnea decisions — 2022

The Veteran's claims for service connection for a lumbosacral spine disorder, obstructive sleep apnea (OSA), and right knee disorder have been denied. The Board found no evidence of chronic conditions in service or within the applicable presumptive periods.

The Board has remanded the Veteran's claims for service connection for sleep apnea and an increased rating for PTSD due to inadequate examinations and lack of compliance with prior remand directives.

The Board has remanded the cases for further development and examination. The Veteran's OSA is granted, but his skin disability and right shoulder strain remain under review.

The Board has remanded the case for further examination and opinion regarding the nature and etiology of the Veteran's sleep apnea, specifically whether it is related to his service-connected diabetes mellitus type II and/or bilateral lower extremity peripheral neuropathy or obesity.

The Board denied service connection for degenerative arthritis of the spine and lumbosacral strain, finding that there was no evidence showing a chronic condition in service or continuity of symptomatology since service. The Veteran's assertions about his back pain during service were not supported by contemporaneous medical records.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA) due to service-connected posttraumatic stress disorder (PTSD). The Veteran contends that his OSA began during active service or was caused by his PTSD. A new opinion is needed regarding whether OSA is related directly to active service.

The Veteran's claims for service connection for lumbosacral strain with IVDS, left lower extremity neuropathy, and left foot peripheral neuropathy are remanded due to the inadequacy of the July 2017 VA examination. The examiner is asked to provide an opinion regarding whether these conditions are related to service and if they are aggravated by his service-connected back disability.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's obstructive sleep apnea is related to his military service and whether his service-connected disabilities caused or aggravated his obesity, which may be an intermediate step in causing his sleep apnea.

The Veteran's lumbosacral strain with degenerative spondylosis is rated at 10 percent prior to May 4, 2020 and 20 percent thereafter. The Veteran's exercise-induced bronchospasm with intermittent cough from September 1, 2015 to February 17, 2016 is granted a compensable rating of 30 percent. The Veteran's OSA with exercise induced bronchospasm with intermittent cough from February 17, 2016 is denied any higher than the current 50 percent rating.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active-duty service and granted service connection for this condition.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service or if it was aggravated by his service-connected PTSD.

The Veteran's claim for a higher rating for fibromyalgia from October 14, 2016 is granted. The Veteran's claim for service connection for insomnia and sleep apnea secondary to PTSD is also granted.

The Board has remanded the claims for service connection for sleep apnea and acid reflux, as these conditions are secondary to a service-connected disability. The VA will obtain medical opinions regarding the etiology of these conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his military service or caused by his service-connected PTSD.

The Veteran's claim for a higher rating for his lumbosacral strain was denied. The Board also found that the criteria for TDIU prior to October 28, 2020 were not met and remanded this issue.

The Board has granted service connection for Erectile Dysfunction, Sleep Apnea, Bilateral Pes Planus, and Bilateral Plantar Fasciitis as secondary to the Veteran's service-connected Somatic Symptom Disorder with depressive symptoms.

The Board has decided to remand two issues: the service connection claim for obstructive sleep apnea and the issue of increasing PTSD disability rating. The Veteran needs a VA examination to determine if his current conditions are related to his military service, specifically his cervical spine surgery.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome. Additionally, the TDIU claim is also being remanded due to new evidence potentially impacting employment status.

The Veteran's service-connected disabilities render him unable to secure or maintain any substantially gainful occupation, and the Board has granted a TDIU.

The appeal for service connection of a left great toe disability has been dismissed. The appeals for the remaining conditions are being remanded.