Sleep apnea decisions — 2022

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating. However, there is evidence suggesting he may be unable to secure and follow a substantially gainful occupation due to his service-connected disabilities. The Board finds that consideration of this TDIU claim for extra-schedular evaluation under 38 C.F.R. § 4.16(b) is appropriate.

The Board denied service connection for sleep apnea, finding that the Veteran's current diagnosis of sleep apnea is not related to his military service and does not meet the criteria for secondary service connection due to his service-connected bipolar disorder.

The Veteran's claims for service connection related to sleep apnea, hypertension, GERD, and a dental disability are being remanded due to the need for additional medical opinions.

The Veteran's obstructive sleep apnea is found to be at least as likely related to his service-connected insomnia, and thus service connection for this condition is granted.

The Veteran's claims for increased ratings for lumbosacral strain syndrome with degenerative joint disease (DJD) and intervertebral disc syndrome, lumbar spine, as well as bilateral lower extremity radiculopathy, are being remanded due to the need for additional examinations.

The Veteran's right shoulder disability and obstructive sleep apnea are granted service connection. The lumbar spine disorder and asthma/rhinitis issues have been remanded for further examination and opinion.

The Board has remanded the Veteran's claims for diabetes mellitus, type II, hypertension, kidney condition, headache disability, acquired psychiatric disorder (PTSD), and sleep apnea due to exposure to herbicide agents during service. Further development is needed to verify if herbicide agents were used at Davisville Naval Construction Battalion Center while the Veteran was stationed there from February 1969 to December 1969.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected diabetes mellitus disability, and thus grants service connection for this condition on a secondary basis.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional medical opinions regarding the etiology of his sleep apnea and its aggravation by his service-connected conditions.

The Board has granted a 50 percent evaluation for tension headaches prior to February 20, 2020. The case is remanded for further development regarding service connection for obstructive sleep apnea and TDIU.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to incomplete or insufficient evidence, including missing VA treatment records and SSA disability benefits information. The Veteran is also required to undergo examinations to assess his hands, sleep apnea/asthma, and right shoulder.

The Veteran's current osteoarthritis of the bilateral feet, ankles, knees, hips, and lumbosacral disc syndrome are granted as service-connected.

The Board has decided to remand the case due to non-compliance with previous instructions and a need for an addendum medical opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Veteran's obstructive sleep apnea was diagnosed in March 2011, and the Board found that his symptoms during service continued post-service to result in this diagnosis. The appeal is granted.

The Veteran's lumbosacral strain, right knee meniscal tear, left knee meniscal tear with limitation of motion, left knee meniscal tear with instability, chronic right ankle strain, and scar, left side of head are all remanded for further examination and rating.

The Board dismissed the appeal of service connection for sleep apnea as the appellant requested withdrawal prior to the decision.

The Board has granted service connection for a lumbosacral strain and right elbow epicondylitis, finding that these conditions are related to active service.

For the period prior to December 29, 2021, an evaluation in excess of 0 percent for bilateral hearing loss is denied.,For the period beginning December 29, 2021, an increased rating of 30 percent disabling for bilateral hearing loss is granted.,Entitlement to service connection for sleep apnea is remanded.,Entitlement to service connection for a right knee disability (to include arthritis) is remanded.,Entitlement to service connection for a left knee disability (to include arthritis) is remanded.

The Board has remanded the claims of service connection for bilateral hearing loss, lower back condition, right foot condition, left shoulder condition, and right arm condition due to insufficient medical opinions regarding their etiology. The claim for sleep apnea is also remanded as there are no medical opinions addressing its onset or cause.

The Veteran's appeal for service connection for sleep apnea is remanded due to the need for a VA medical opinion that considers lay statements of record and aligns with how sleep apnea typically develops.