Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence of worsening symptoms. The Veteran is not entitled to a rating in excess of 10 percent for his lumbar spine disability, a compensable rating for his surgical scar, or a rating in excess of 50 percent for his right hip replacement. Service connection for sleep apnea has been remanded as well.

The Board has remanded the claims for service connection for sleep apnea, allergic rhinitis, and hypertension due to a lack of development. The issues are also being remanded for readjudication of nonservice-connected pension as it is inextricably intertwined with the service connection issues.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his February 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The Veteran will receive an SOC to address these issues, allowing him to perfect his appeal by filing a VA Form 9.

The Board has remanded the case due to insufficient opinions regarding service connection for various eye disorders. The Veteran's claims are reopened on new evidence, but further medical opinions are needed to determine if these conditions had their onset during active service or are related to in-service injuries, events, or diseases.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to the need to obtain Social Security Administration records, conduct VA examinations, and determine if a TDIU is warranted.

The Veteran's lumbosacral strain with degenerative disc disease was granted a 40% rating from October 3, 2017 onwards. Prior to this date, the condition did not meet criteria for a higher rating.

The petition to reopen the previously denied claim of entitlement to service connection for obstructive sleep apnea is granted. Entitlement to service connection for obstructive sleep apnea as secondary to service-connected PTSD is granted, and a remand is ordered for a rating in excess of 50 percent for PTSD.

The Board has granted service connection for the Veteran's right shoulder condition, left shoulder condition, cervical spine condition, and lumbosacral strain condition. Secondary service connection is also granted for bilateral lower extremity radiculopathy and right upper extremity radiculopathy.

The Board has decided to remand the case due to inadequate VA examinations and a lack of an adequate examination for the Veteran's lower back pain.

The Veteran's hypertension, erectile dysfunction, diabetes mellitus, type II, asthma, sleep apnea, heart disability, and low back disability were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology for any of these conditions.,While the Veteran reported symptoms shortly after discharge from service, there is no medical evidence showing pertinent symptomatology until many years after separation.

The Board has remanded the cases for further development due to inadequate VA examination opinions regarding service connection for obstructive sleep apnea and headaches.

The Veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine was denied. Prior to October 18, 2019, he did not meet the criteria for a disability rating in excess of 10 percent. Since October 18, 2019, he does not meet the criteria for a disability rating in excess of 40 percent.

The Veteran's claims for service connection for flat feet, degenerative arthritis of the feet, hypertension, high cholesterol, tinnitus, and urinary problems have been denied as new and material evidence has not been received to reopen these claims.,The Veteran's claims for service connection for headaches, obstructive sleep apnea, and schizophrenia related to his low back disability are remanded due to insufficient evidence.

The Board has determined that the Veteran's claims for service connection and increased rating are remanded due to insufficient medical evidence. The effective date of service connection for cervical strain is denied as it does not meet the criteria.

The Veteran's appeal is being remanded due to procedural issues, specifically the use of an improper form for filing a notice of disagreement. The AOJ will issue a statement of the case (SOC) addressing his claims for service connection for mental health disorder other than insomnia disorder, initial evaluation in excess of 10 percent for degenerative arthritis of the lumbar spine, and initial compensable evaluation for ingrown toenail.

The Board has determined that the Veteran's obstructive sleep apnea had its onset in service, and thus granted service connection for this condition.

The Board denied the Veteran's claims for service connection for sleep apnea, finding no evidence of a nexus between his current condition and active duty service. The Board also found insufficient evidence to link his sleep apnea to his service-connected tinnitus.

The Veteran's appeal is remanded due to the need for a new VA medical opinion regarding his service connection claim for sleep apnea, specifically addressing whether it is related to service and if it is aggravated by his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for sleep apnea and insomnia, finding that these conditions are not related to his service-connected lumbar spine disability.

The Veteran's claim for service connection for OSA is reopened and granted as the condition is found to be secondary to his service-connected residuals of a nasal fracture.,Service connection for GERD and ED are denied as there is no evidence linking these conditions to active service or a service-connected disability, including medication taken for sinusitis and/or residuals of a sinus fracture.,The Veteran's claim for an acquired psychiatric disorder, to include PTSD and depression, is denied due to insufficient evidence supporting the claimed stressor.