Sleep apnea decisions — 2022

The Board has determined that remand is necessary to ensure the VA fulfilled its duty to assist in substantiating the Veteran's appeal, and to obtain additional medical opinions regarding the likely etiologies of his respiratory disability other than lung cancer and obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection for headache disorder, gouty arthritis, sleep apnea, and respiratory disorder due to exposure in Southwest Asia. The case is remanded for further development including obtaining medical opinions on the etiology of these conditions.

The Board has decided to remand the case due to unclear diagnoses and need for clarification. The Veteran's condition is presumed to be related to service, but further investigation is needed.

The Board denied service connection for various conditions, including neck disorder with headaches, back pain disorder, sleep apnea, residual of right shoulder injury, residual of right hamstring muscle injury, residual of left ankle sprain, and residual of left hip injury. The Veteran's chest pain was not found to be related to service.

The Veteran's hypertension is denied as there has not been substantial compliance with the Board's previous remand directives.,The Veteran's headache disorder and sleep apnea are remanded for further development due to inadequate medical opinions in the July 2021 VA medical opinion.,The Veteran's sinus condition and allergic rhinitis are remanded as there has not been substantial compliance with the Board's previous remand directives.,Service connection for hypertension is denied, service connection for a headache disorder is remanded, service connection for a sleep disorder (OSA) is remanded, service connection for sinus condition is remanded, and service connection for allergic rhinitis is remanded.

The Board has remanded the case due to inadequate consideration of evidence regarding the onset and causation of the Veteran's OSA, including his in-service symptoms. A new VA examination is required to address these issues.

The Board has decided to remand the Veteran's claim for an initial disability evaluation in excess of 10 percent for lumbosacral strain due to insufficient examination findings and a lack of recent treatment records.

The Board has granted service connection for the Veteran's lumbar spine disability, left knee disability, right knee disability, sleep apnea, and mental health disability (depression and anxiety).

The Board has granted service connection for a lumbar spine disability to include degenerative arthritis, invertebral disc syndrome (IVDS), and lumbosacral strain. The decision is based on the Veteran's reported symptoms during active service and ongoing symptoms since then.

The Board denied a rating in excess of 20 percent for DDD and denied service connection for OSA. The evidence did not support the Veteran's claims as his symptoms were not shown to be related to service or any service-connected condition.

The appeals of service connection for lumbosacral spine degenerative joint disease and degenerative disc disease, cluster migraine headaches, and depression have been dismissed due to the death of the Appellant.

The Veteran's low back disability is rated at 20 percent, and the Board finds that a higher rating may be warranted based on additional evidence of functional loss. The Veteran also has service-connected migraine headaches and tinnitus, but no current effective date for these conditions.,The Veteran's hearing loss claim remains pending as VA treatment records are still outstanding.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for an addendum medical opinion considering his in-service exposure to burn pits and reported symptomatology.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and insomnia, finding that there was no evidence of a current disability related to service or secondary to his service-connected disabilities.

The Veteran's OSA is granted as secondary to his service-connected PTSD with cognitive impairment, depression, and sleep disorder.

The Veteran's low back disability is granted service connection. The Board has remanded for further examination and opinion regarding the other issues, including secondary service connection.

The Board has determined that new evidence has been added to the file and requires remand for initial review by the AOJ. The claims of service connection for right knee disorder, left knee disorder, and obstructive sleep apnea are being remanded.

The Board denied service connection for residuals of frostbite of the feet and granted service connection for lumbosacral strain with degenerative arthritis of the spine. The Veteran does not have current residuals of frostbite on his feet, but has a current back disability that began in-service.

The Veteran's service connection claim for recurrent acute bronchitis is granted. The claims for bilateral eye disability (glaucoma), OSA, and left knee disability are remanded.

The Board has remanded the claim for further development due to inadequate medical opinions and a need for additional records. The Veteran's service connection claim for OSA is being reviewed again.