Sleep apnea decisions — 2022

The Board has decided to remand the case due to inadequate examination and new issues raised by the Veteran's representative.

The Board has denied the Veteran's claims for service connection for sleep apnea and low back disability, finding that there is no evidence of a nexus between these conditions and his active duty service.

The Board has remanded the Veteran's claims for chronic upper respiratory infection, acquired psychiatric disorder (including anxiety and PTSD), degenerative disc disease of the lumbosacral spine, and cervical spine condition secondary to low back injury due to incomplete records and need for additional medical opinions.

The Board has determined that additional development is necessary before the TDIU claim can be decided. The Veteran's service-connected back disability and other conditions are considered in determining his employability.

The Board has determined that the VA examination opinions are insufficient to decide the claim and has therefore remanded for further development.

The Veteran's service-connected PTSD and lumbosacral strain have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU effective May 11, 2018. The rating for his lumbar strain remains at 20 percent.

The Board has denied the Veteran's service connection claim for a kidney disorder due to lack of evidence of current disability.,The Board has remanded the claims for service connection for prostate disorder, leukemia, and sleep disorder as additional medical opinions are needed.

The Veteran's claim for service connection for sleep apnea is remanded due to insufficient evidence regarding the relationship between his rhinitis and sleep apnea.,Service connection for rhinitis is granted based on presumptive exposure in Southwest Asia.

The Board has determined that the Veteran does not have a current disability of an eye condition claimed as a retained foreign body in the left eye, and his vitamin D deficiency is not a disability for VA compensation purposes. The claims for service connection for hypertension, chronic kidney failure, and sleep problems are remanded due to lack of medical evidence addressing their etiology.

The Veteran's sleep apnea and PTSD have been denied. The Veteran was granted a higher rating for his PTSD, but the claim for increased rating prior to January 22, 2020, is still denied.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service or secondary to his service-connected disabilities. The examiner must address these issues and provide a rationale for their conclusions.

The Veteran withdrew his appeals concerning PTSD, sleep apnea, and hypertension. As a result, the cases are dismissed.

Service connection granted for left and right lower extremity peripheral neuropathy, bilateral hearing loss, tinnitus, and PTSD. Service connection denied for sleep apnea.,The Veteran's service-connected diabetes mellitus is found to be the primary cause of his peripheral neuropathies, hearing loss, and tinnitus.

The Veteran's PTSD is rated at 70 percent, but the Board finds that it does not meet the criteria for a higher rating due to occupational and social impairment with reduced reliability and productivity.,New evidence has been submitted supporting the Veteran's claim of service connection for chronic myeloid leukemia. The claim is reopened, but further development is needed as the Veteran's PTSD alone does not meet the criteria for TDIU.

The Board has determined that the Veteran's sleep apnea is proximately caused and/or aggravated by his service-connected depression, granting service connection for this condition.

The Veteran's lumbosacral strain has been granted an initial rating of 20 percent, but no higher. The right foot disorder issue is remanded for further examination and opinion.

The Board denied the Veteran's claim for a temporary total evaluation due to treatment for his service-connected back disorder, finding that the September 2017 surgery was unrelated to any service-connected condition and thus not warranting a temporary total evaluation.

The Veteran's claims for service connection for residuals of a stroke, obstructive sleep apnea, and colon disability are denied. The claim for PTSD is remanded due to the need for additional VA examination. The SMC claim is also remanded.

The Veteran's claims for increased ratings for chronic obstructive sleep apnea and bronchitis with calcified hilar lymph node, as well as right knee arthritis and patellofemoral syndrome, are being remanded due to the need for additional development regarding diagnoses and etiology.

The Board has reopened the Veteran's claim for service connection of obstructive sleep apnea due to new and material evidence. The Board also granted service connection for this condition, finding that it is at least as likely as not related to his active duty service.