Sleep apnea decisions — 2022

The Board has remanded the claims for service connection due to inadequate development and examination. The Veteran's acquired psychiatric disability, hypertension, sleep apnea, and headaches are all being reviewed.

The Veteran's claims for increased ratings for back disability, neck disability, and hypertension prior to February 25, 2022 are denied.,There is no longer an issue of fact or law before the Board pertaining to whether the Veteran is entitled to a rating in excess of 40 percent for back disability from February 25, 2022. The claims are dismissed.

The Board has remanded the claims for service connection for sleep apnea, polycythemia (to include as secondary to sleep apnea), and polyuria due to inadequate medical opinions.

The Veteran seeks service connection for sleep apnea, which he claims is related to his deployment and/or secondary to his service-connected PTSD. The Board has ordered a new examination to address the nature and etiology of the Veteran's sleep apnea.

The Board has decided to remand the case due to insufficient development of evidence regarding service connection for obstructive sleep apnea, specifically addressing secondary and aggravation theories. The Veteran's service-connected disabilities are believed to be contributing factors.

The Board has withdrawn the claim for service connection for obstructive sleep apnea and granted service connection for a lumbar spine disorder. The case is remanded for further examination regarding hypertension.

The Veteran's appeal for higher ratings on several service-connected conditions has been remanded due to the need for additional medical records and examinations.

The Board has remanded the issues of whether the reduction in evaluation for degenerative disc disease with L5-S1 narrowing and lumbosacral strain from 40 percent to 10 percent effective September 1, 2018 was proper, and entitlement to an evaluation greater than 10 percent for this condition. The Veteran needs a new VA examination to assess the current severity of his service-connected degenerative disc disease with L5-S1 narrowing and lumbosacral strain.

The Veteran's sleep apnea is being remanded for a new medical opinion to determine if it is related to service or his service-connected hepatitis C. The issues of higher initial ratings for various joint disabilities and radiculopathy are also being remanded.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted after a Supplemental Statement of the Case (SSOC).

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and lumbosacral strain with degenerative changes have been granted. The remaining issues, including left hip strain, right knee strain, and chronic disability of the right leg, are being remanded for further evaluation.

The Board has decided that an additional opinion is needed to determine if the Veteran's sleep apnea was incurred in service or related to service, due to conflicting evidence and need for further development.

The Board has remanded the Veteran's claims for sleep apnea and bilateral hip disability due to insufficient evidence in previous VA examinations. The Veteran is required to undergo new VA examinations to determine the nature and etiology of his conditions.

The Veteran's claims for an increased disability rating for his lumbosacral strain with levoscoliosis and dextroscoliosis of the thoracic spine, as well as his claim for TDIU due to service-connected disabilities, are being remanded due to the need for updated VA treatment records and a new examination.

The Veteran withdrew his appeal for an increased evaluation of his service-connected lumbosacral strain disability, and the Board dismissed the case as a result.

The Board has dismissed the appeals for service connection of diabetes mellitus, bilateral upper and lower extremity peripheral neuropathy, heart disease, obstructive sleep apnea (OSA), and erectile dysfunction (ED).

The Board has decided that the Veteran's claims for service connection for a liver disability and sleep apnea should be remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of March 3, 2008. The Board found that the February 2009 decision denying service connection did not become final due to new and material evidence received in May 2009.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to, or aggravated by, his service-connected upper respiratory infection/chronic bronchitis with asthma and grants this claim.

The Veteran's headaches are rated at a 50 percent disability rating, and the claim for service connection of sleep apnea is remanded due to missing private treatment records.