Sleep apnea decisions — 2022

The Board has determined that there have been deficiencies in the VA examinations and remand directives, necessitating further development to determine the severity of the Veteran's service-connected low back condition.

The Board has remanded the cases for further development and consideration, including obtaining medical opinions on etiology and scheduling a VA examination.

The Veteran's appeal for an effective date prior to June 1, 2015, for the grant of service connection for bilateral toenail onychomycosis has been withdrawn.,The Veteran's appeals for service connection for a sinus disability, asbestos exposure, tendonitis, respiratory disability, and residuals from burns have all been withdrawn. The effective date for his service connection claims for bilateral pes planus and lumbosacral strain is now set at November 11, 2005.

Service connection for small fiber sensorimotor neuropathy, thoracolumbar spine disability, degenerative disc disease of the cervical spine, gastroesophageal reflux disease (GERD), and irritable bowel syndrome (IBS) due to Gulf War Hazards has been granted.,The application to reopen the claim for entitlement to service connection for sleep apnea is remanded.

The Veteran's PTSD was granted a 70 percent rating prior to August 18, 2021, and denied any higher ratings. The lumbosacral strain was granted a 20 percent rating before December 7, 2020, and denied any higher ratings after that date. TDIU was granted.

The Veteran's PTSD rating was increased to 70 percent, and his claims for service connection for hypertension, OSA, COPD, right ear hearing loss, a skin condition (including skin cancer and actinic keratosis), and GERD were granted.

The Veteran is granted TDIU effective April 7, 2021. Prior to that date, he was employed as a payroll technician and could not continue due to his service-connected disabilities.

The Veteran's claims for hair loss, bilateral eye disorder, memory loss (also claimed as mood swings and depression), erectile dysfunction, dermatitis and eczema (a skin condition), and obstructive sleep apnea have all been denied.,Service connection has not been established for any of these conditions.

The Board has granted service connection for an acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) secondary to the service-connected coronary heart disease, as well as service connection for obstructive sleep apnea secondary to the service-connected acquired psychiatric disorder. Service connection for tinnitus was denied.

The Board has determined that additional development is needed to determine the etiology of the Veteran's obstructive sleep apnea, including whether it is related to his military service and/or secondary to his service-connected conditions (chronic fatigue syndrome and PTSD).

The Board dismissed all issues related to initial evaluations, effective dates, and service connection for various conditions. The TDIU claim was remanded due to incomplete information.

The Veteran's initial rating for lumbosacral strain prior to February 14, 2019 was denied as his disability did not meet the criteria for a higher rating. The TDIU issue is remanded.

The Board has denied the Veteran's claims for service connection for hypertension, obstructive sleep apnea, and nephrosclerosis as there is no probative evidence linking these conditions to his military service.

The Veteran's claims for service connection for major depressive disorder and sleep apnea secondary to his major depressive disorder were reopened due to the submission of new evidence. The claim for major depressive disorder was granted, with the Board finding that it is related to his active service.,The claim for sleep apnea secondary to major depressive disorder was also granted, with the Board concluding that the Veteran's depression during service likely caused or aggravated his current sleep apnea.

The Veteran's claim for service connection for a back disability has been reopened, but the Board finds that new and material evidence does not establish an in-service injury or disease. The current knee condition is also not related to service.,Service connection for a bilateral knee disability cannot be established as there is no credible evidence of an in-service injury or event leading to current symptoms.,The Veteran's claim for high blood pressure, diabetes mellitus, and heart disease are remanded due to the need to determine if he served within 12 nautical miles from Vietnam shores during his service aboard USS Okinawa. The claims for sleep apnea and an acquired psychiatric disorder (likely depression) also require additional development.,Service connection for a respiratory disorder is remanded as the Veteran needs to confirm his report of exposure to burning feces in service.,The Veteran's bilateral foot disability claim requires further examination to determine if it is related to service.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea, which is secondary to a service-connected respiratory and/or acquired psychiatric disorder, needs further examination. The previous VA examiner's opinion was deemed inadequate due to lack of a completed sleep study.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, tinnitus, and bilateral calcaneal varus and plantar fasciitis. The issues of service connection for headaches and bilateral hearing loss have been remanded.

All appeals for service connection and evaluations have been dismissed. A TDIU is granted from January 30, 2018.

The Board has granted service connection for hepatitis C, a liver disorder secondary to hepatitis C, hypertension secondary to PTSD with depression and polysubstance abuse, obstructive sleep apnea secondary to PTSD with depression and polysubstance abuse, and denied service connection for rheumatoid arthritis.

The Board has remanded the case for further examination and evaluation, as the current VA examinations do not comply with legal requirements. The Veteran's claims for service connection for sleep apnea, cervical spine strain, and thoracolumbar spine strain are being reviewed.