Sleep apnea decisions — 2022

The Veteran's claim for an effective date prior to January 25, 2017, for the grant of service connection for sleep apnea is denied. The Board has also remanded the issue of service connection for left shoulder disorder as secondary to service-connected cervical spine disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his obesity was an intermediate cause of his claimed disabilities, and whether any of his sleep apnea, hypertension, back condition, or radiculopathy were proximately caused by or aggravated by his service-connected conditions.

The Board has granted service connection for the Veteran's sleep apnea as secondary to his service-connected PTSD, resolving reasonable doubt in favor of the claim.

The Veteran's petition to reopen claims for service connection for obstructive sleep apnea and gout was granted. The issue of entitlement to service connection for lumbar degenerative disc disease, left leg condition, right leg condition, and headaches is dismissed.

The Veteran's claim for an increased rating in excess of 40 percent for spondylolisthesis Grade I L5/S1 was denied. The VA determined that the Veteran's forward flexion of the thoracolumbar spine is limited to 30 degrees or less, which does not meet the criteria for a higher rating.

The Veteran's sleep apnea is granted as secondary to his service-connected musculoskeletal disabilities, specifically chronic pain associated with his spine disability.

The Veteran's claim for an increased rating of PTSD was dismissed as the requested higher rating (70%) has been granted.,A total disability rating due to individual unemployability (TDIU) is granted from June 27, 2016.

The Board has granted the reopening of the claim for service connection for sleep apnea and determined that it had its onset during active service. The Veteran's fellow service-members provided credible testimony about his symptoms while in service, which led to a diagnosis of sleep apnea.

The Veteran's service connection for obstructive sleep apnea is granted as it was caused or aggravated by his service-connected PTSD. The issues of service connection for respiratory condition and left fibula fracture are remanded.

The Veteran's service connection claims for various conditions are granted, including sleep apnea, heart disorder, hypertension, left hip disability, low back disability, and tinnitus. The Board finds the evidence in relative equipoise regarding these claims.,However, several new issues of entitlement to service connection have been identified, such as chest pain, dyspnea, right foot stress fracture, right hip disability, osteoporosis, right shoulder disability, tremors, asthma, blepharitis, lipoma of the chest, and kidney stones. These claims are currently pending for further review.

The Board has remanded the Veteran's claims for bilateral knee and spine disorders, as well as her claim for a gastrointestinal disorder due to outstanding VA examination and records.

The Veteran's OSA is being remanded for further clarification on the theories of service connection and obesity as a substantial factor in developing OSA.

The Veteran's diabetes mellitus complications, including voiding dysfunction, cataracts, muscle atrophy/abnormal muscle coordination, heat intolerance, and sleep apnea are being remanded for further examination to determine their relationship to his service-connected diabetes mellitus. Additionally, the issue of entitlement to a TDIU based on service-connected diabetes mellitus alone is also being remanded.

The Board has denied service connection for cervical spine, left hip, right hip, right foot, and left foot disabilities. Service connection was granted for sleep apnea.

The Board has remanded the Veteran's claims for service connection due to internal inconsistencies and insufficient opinions in previous examinations. The claims include respiratory disorders, diabetes mellitus type II, and a liver disorder.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.

The Board has dismissed the appeal for service connection for obstructive sleep apnea and granted service connection for bladder cancer, presumptively due to exposure to herbicide agents.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, has been denied. The Board found that the current disability did not have its onset during service and is not related to a service-connected condition.

The Veteran's service connection claims for low back problems and sleep apnea, as well as his increased rating claim for dizziness/vertigo, are being remanded due to the Veteran's failure to report for scheduled VA examinations.,VA is required to schedule the Veteran for VA examinations to assess the nature and etiology of their claimed conditions.

The Veteran's appeal for service connection on multiple conditions has been dismissed. A 100% disability rating for PTSD is granted effective February 1, 2022.