Sleep apnea decisions — 2022

The Veteran's service-connected chronic lumbosacral strain has not been productive of forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating under VA regulations. The evidence does not support an increase in his disability rating beyond 20 percent.

The Board has determined that new evidence was submitted after the most recent Supplemental Statement of the Case (SSOC) and requests have been made for its consideration. The case is being remanded to allow for this additional review.

The Veteran's claims for service connection are remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for a back disorder secondary to bilateral pes planus is also remanded as there is insufficient evidence regarding the nature and progression of his foot condition during service.,The Veteran's claim for bilateral hearing loss is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for asbestosis is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for sleep apnea is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for a heart disorder is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for hypertension is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for diabetes mellitus is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for stress fractures is also remanded as there are outstanding VA treatment records that may be relevant to his case.

The Board has determined that the VA examiner's opinion is inadequate and requires further examination to address the Veteran's claims for service connection, secondary service connection, and incremental increase in disability due to service-connected conditions.

Your claim for service connection for obstructive sleep apnea was granted in an October 2021 rating decision, and the appeal is dismissed as your request has been fully addressed.

The Veteran's claim for service connection for sleep apnea, periodontal disease, back disability, right hand disability, left hand disability, right knee strain, and left knee strain has been denied. The Veteran did not have a current diagnosis of any of these conditions at the time of his claims.,Service connection was also denied for gastroesophageal reflux disease (GERD).

The Board denied service connection for low back disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy as the Veteran's current conditions are not related to his military service.,Service connection was also denied on a secondary basis due to lack of evidence linking these conditions to any service-connected disabilities.

The Board has denied service connection for hiatal hernia, hypertension, sleep apnea, and diabetes mellitus. The claims are remanded due to inadequate medical opinions.

The Board has remanded the Veteran's claims for hernia service connection, back disability rating, and LLE radiculopathy claim due to incomplete information in the medical records.

The Board has decided to remand the claim for service connection for sleep apnea, as it is unclear whether the Veteran's sleep apnea is related to his service-connected disabilities or if it was caused by obesity due to those disabilities. The case will be reviewed with a new medical opinion.

The Board has remanded the claims for service connection for a heart disorder, right and left knee disorders, OSA, COPD, and right and left foot disorders due to new evidence submitted since the July 2015 rating decision.,Your current heart disorder may be related to your military service.

The Board has decided that the Veteran's obstructive sleep apnea is secondary to his service-connected right knee disability with obesity as an intermediary step. However, hypertension was not addressed in this decision and needs further review.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from July 13, 2017. The Board granted TDIU for this period but remanded the issue of TDIU prior to July 13, 2017.

The Board has remanded the case due to insufficient opinions regarding the relationship between the Veteran's service-connected disabilities and his obesity, which is a substantial factor in causing sleep apnea. The Veteran was asked to provide a copy of an article referenced by hyperlink in the April 2022 appeal brief.

The Board has remanded the case due to failure to comply with prior remand directives, specifically failing to obtain a detailed history of the onset and progression of sleep apnea symptoms from the Veteran. The Veteran's service-connected PTSD is not at issue in this appeal.

The Veteran withdrew their appeal before the Board, leaving no issues for consideration.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further evaluation.

The Board has remanded the claims of entitlement to service connection for right knee strain, sleep apnea, restless leg syndrome (to include as secondary to a service-connected disability), and low back disorder due to insufficient evidence or inadequate examination reports.

The Board has dismissed all issues of entitlement to service connection for sleep apnea, diverticulosis, and a right knee disability due to the Veteran's death.

The Board has remanded the case for further development to determine if OSA was caused by, aggravated by, or co-morbid with PTSD.