Sleep apnea decisions — 2022

The appeal of entitlement to service connection for obstructive sleep apnea is dismissed.,New and material evidence having been submitted, the claim of entitlement to service connection for right hip disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for left hip disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for low back disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for right hand disability is reopened, and to this extent only the appeal is granted.,The claims of entitlement to service connection for left shoulder disability and right shoulder disability (fracture fragment of the right acromioclavicular joint) are remanded.,The claim of entitlement to service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), is remanded.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied due to lack of a current disability. The VA examiner found no evidence of hearing loss or tinnitus in service, nor did the private audiogram support these findings.,For sleep apnea, the Board has determined that a remand is necessary as there are insufficient records to make a decision on the claim.

The Board has remanded the cases for further development to address whether the Veteran's OSA and hypertension are related to service-connected PTSD.

The Veteran's service-connected major depressive disorder (MDD) and associated weight gain are found to have caused or aggravated his sleep apnea, leading to the grant of service connection for this condition.

The Veteran's claims for increased ratings for his service-connected left shoulder strain, left ankle sprain, right knee sprain with patellar dislocation, and lumbosacral strain are being remanded due to the need for additional development.

The Veteran's GERD with duodenitis, chronic strain and DJD of the left shoulder, left wrist scaphoid fracture ORIF with residuals, DJD and DDD of the cervical spine, DDD of the lumbosacral spine, onychomycosis (fungus infection of the feet), and hypertension have all been denied.,The Veteran's disability ratings for GERD with duodenitis, chronic strain and DJD of the left shoulder, left wrist scaphoid fracture ORIF with residuals, DJD and DDD of the cervical spine, DDD of the lumbosacral spine, onychomycosis (fungus infection of the feet), and hypertension have all been denied.,The Veteran's disability ratings for GERD with duodenitis, chronic strain and DJD of the left shoulder, left wrist scaphoid fracture ORIF with residuals, DJD and DDD of the cervical spine, DDD of the lumbosacral spine, onychomycosis (fungus infection of the feet), and hypertension have all been denied.

The Board dismissed all service connection appeals due to the Veteran's withdrawal of his appeal.

The Board has remanded the Veteran's claim for service connection for sleep disability, including OSA and hypersomnolence, due to inadequate examination reports and failure to address relevant medical evidence. The case is now pending with the VA to obtain additional records and provide an addendum opinion.

The Board has decided that the Veteran's service-connected PTSD does not cause or aggravate his obstructive sleep apnea. The issue of an initial compensable rating prior to August 9, 2021, and a rating in excess of 30 percent thereafter for bilateral hearing loss is remanded due to incomplete development.

The Veteran withdrew his appeal for an initial rating greater than 10 percent for lumbosacral and thoracic strain with degenerative arthritis prior to August 10, 2017, and greater than 20 percent effective that date.

The Veteran's claims for service connection have been reopened, but the Board has determined that more development is needed before a decision can be made on these issues.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's obstructive sleep apnea had its clinical onset during active service or is related to any in-service disease, event, or injury.

The Veteran's appeal for service connection for sleep apnea is granted. The Board finds that his current sleep apnea is related to active duty service and grants the claim. For the other issues, the Board finds new examinations are needed as the Veteran contends an increase in disability level.

The Board has granted service connection for restrictive lung disease (claimed as COPD) and remanded the issue of entitlement to service connection for obstructive sleep apnea.

The Board has remanded the claims of service connection for sleep apnea and TDIU due to unemployability, as well as the claim for an increased rating for left ear hearing loss. The Veteran's current hearing loss is rated noncompensable (zero percent), while his sleep apnea remains undiagnosed.

The Veteran's service-connected disabilities rendered him unemployable from February 5, 2018 to April 19, 2021.,From April 20, 2021 onwards, the issue of TDIU is moot as his combined disability rating is now at 100%.

The Board has granted service connection for obstructive sleep apnea on a secondary basis, finding that the Veteran's left knee disability caused him to become obese, which in turn led to his sleep apnea.

The Board has granted service connection for sleep apnea, finding that it is related to the Veteran's service-connected hypertension and right knee degenerative joint disease.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and sleep apnea due to inadequate medical opinions. The Veteran is being asked to provide additional opinions regarding whether his obesity, caused by his service-connected psychiatric disorder, bilateral knee condition, and tinnitus, is a substantial factor in causing his lumbar spine disability and/or sleep apnea.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disability was aggravated by service. The Veteran seeks service connection for a back disability, and the VA examiner concluded that it is less likely than not related to service.