Sleep apnea decisions — 2022

The Board has granted the Veteran's requests to reopen his claims for service connection for low back disability, bilateral sensitive feet, sleep apnea, hypertension, right knee disability, and left knee disability. These issues are now remanded for additional development.

The Board has determined that the VA examinations conducted in December 2019 were inadequate to decide the service connection claims for lumbar spine disorder and obstructive sleep apnea. The claims are being remanded for additional VA addendum opinions.

The Veteran's claim for an increased rating for lumbosacral strain, degenerative joint disease and intervertebral disc syndrome was denied. The Board found that the disability did not meet criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.

The Veteran's claims for various conditions have been reopened, and the Board has determined that new and material evidence has been received to reopen his previously denied claims. The cases are remanded for further development.

The Board has granted service connection for right knee disability and denied service connection for obstructive sleep apnea. The right knee disability is found to have had its onset during service, with continuity of symptoms since then.

The Veteran's PTSD is rated at a 70 percent disability rating effective June 23, 2021. The RO has granted a higher rating for PTSD and remanded the issues of service connection for obstructive sleep apnea and TDIU.

The Veteran's claim for service connection for a heart disability, including paroxysmal atrial fibrillation, has been granted. Service connection is also granted for asthma and sleep apnea due to presumed exposure to herbicide agents during service in Vietnam.

The Board has remanded the cases for further development due to concerns about the adequacy of the January 2020 VA examiner's opinion regarding the Veteran's sleep apnea and kidney disability. The Board found that the examination was adequate in addressing the Veteran's individual circumstances, including his obesity, but did not specifically discuss his in-service respiratory complaints.

The Veteran's lumbar spine disability is being remanded for a retrospective medical opinion to determine its severity from January 2016 through August 4, 2021.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to service, including as aggravated by his service-connected PTSD.

The Board has remanded the case for further development and an addendum opinion to address whether the Veteran's sleep disorder, including sleep apnea and REM sleep behavior disorder, is related to his service.

The Board has remanded the claims for cervical and lumbosacral strain, as well as service connection for various spinal conditions and radiculopathies. Additional development is required to address the issues on appeal.

The Board has remanded several claims for additional development, including obtaining missing service records and verifying alleged exposure to chemicals. The Veteran's conditions include gastroesophageal disorder (GERD), obstructive sleep apnea, low back disorder, left ankle disorder, right ankle disorder, neck disorder, right shoulder disorder, and residuals of a head injury.

The Board has remanded the cases of service connection for obstructive sleep apnea and hypertension due to the need for additional opinions regarding the relationship between these conditions and in-service exposure to particulate matter, burn pits, jet fuels, hydraulic fluids, oils, solvents, cleaners, insecticides, and exhaust fumes.

The Board has remanded the Veteran's claims for increased disability ratings for lumbosacral strain, for the time periods prior to May 19, 2016, and from May 19, 2016, to November 24, 2019.

The Veteran's service-connected disabilities, including PTSD and related conditions, do not meet the criteria for a TDIU as there is insufficient evidence to substantiate that he is unemployable due to these conditions.

The Veteran's claims for service connection have been reopened, but the Board finds that additional development is needed to determine the current severity of his knee and ankle disabilities.

The Board denied the Veteran's claims for service connection for various conditions, including a lumbar spine disability and cervical spine disability. The reasons given were that there was no clear evidence of an in-service injury or disease leading to these disabilities, and that any current conditions are not related to service.

The Veteran's claims for increased ratings and service connection were denied. The hernia disability, abdominal scar, fibromyalgia, acquired psychiatric disability (pending), left shoulder disability (pending), right shoulder disability (pending), left arm disability (pending), right arm disability (pending), left elbow disability (pending), right elbow disability (pending), disability of the small finger, left hand (pending), cervical spine disability (pending), left ankle disability (pending), right ankle disability (pending), left foot skin disability (pending), and right foot skin disability (pending) were not granted. The Veteran's claims for service connection for sinus disability (pending), bilateral eye disability (pending), disability of the left eye cornea (pending), bilateral hearing loss disability (pending), tinnitus (pending), vertigo (pending), headaches (pending), and sleep apnea (pending) are pending.

The Veteran's appeal for service connection and rating increases has been remanded due to procedural errors in the docketing process under the Legacy system. The AOJ is required to issue a SOC on these matters.