Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for bilateral hearing loss, diabetes mellitus, sleep apnea, hypertension, and a broken right hand due to incomplete medical records from his service.

The Veteran's tinnitus and sleep apnea are found to be related to his active service.,Service connection is granted for tinnitus and sleep apnea. However, the Veteran's GERD and IBS conditions remain unresolved as further examination and opinion are needed.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for obstructive sleep apnea. The Veteran seeks service connection for OSA, including as secondary to his service-connected DM, PTSD, and/or a musculoskeletal disability.

The Veteran's mood disorder with depressive features and PTSD is currently rated at 50 percent, which does not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea is currently rated at 50 percent, which meets the criteria for use of a breathing assistance device such as a CPAP machine.

The Board has remanded the Veteran's claims for bilateral hearing loss and lumbosacral strain due to inadequate examination findings. The Veteran is seeking higher ratings for these conditions, which are currently rated as noncompensable and 20 percent respectively.

The Veteran's sleep apnea disorder was granted a 50% disability rating prior to October 1, 2020. A higher rating is denied since that date.,The Veteran's cervical spine disability was granted a 20% disability rating prior to May 7, 2018. A higher rating is denied since that date.,The Veteran's allergic rhinitis does not warrant an initial compensable disability rating.,The Veteran's acquired psychiatric disability (including PTSD, major depressive disorder, and anxiety) was granted a 70% disability rating.

The Board has granted service connection for sleep apnea and remanded the issue of service connection for a dental disability, periodontal disease.

The Board has remanded the case due to insufficient reasoning in the previous decision regarding the Veteran's sleep disability, specifically whether it is related to service or a service-connected condition. The Veteran was also newly raised the theory of secondary service connection for his sleep apnea.

The Veteran's initial rating for chronic lumbosacral paraspinal spasms was denied, but a higher rating of 20 percent was granted for lumbar radiculopathy of the left lower extremity since November 15, 2021. The rating for instability of the left knee and limitations on flexion and extension were also granted.

The Board has remanded the Veteran's claims for additional development due to conflicting medical opinions and new evidence submitted by the Veteran.

The Board has decided to remand the cases for further development and examination, as the VA medical opinions provided were inadequate due to their reliance on the lack of post-service treatment records.

The Board has ordered another remand to obtain an addendum opinion regarding whether the Veteran's service-connected disabilities (bilateral knee and lumbar spine disabilities) aggravated his obesity, which may have contributed to his obstructive sleep apnea.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's service-connected paranoid schizophrenia and his obstructive sleep apnea. Additional development is needed, including consideration of obesity as an intermediate step in causation or aggravation.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for obstructive sleep apnea. The Veteran's lay statements about in-service symptoms are being considered, and a new VA examination is needed.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's sleep apnea, including whether it is caused or aggravated by his service-connected lumbar spine disability, IBS, tinnitus, or medications.

The Veteran's lumbosacral strain, degenerative disc disease, and intravertebral disc syndrome in the lumbar spine are service-connected.,Patellofemoral pain syndrome in the left knee is also service-connected.

The Board has determined that the Veteran's service connection claim for obstructive sleep apnea should be remanded due to insufficient evidence regarding its onset during service and whether it is related to his service-connected lumbar spine disability or obesity.

The Veteran's PTSD is related to an in-service military sexual trauma during his first period of active duty service. Service connection for PTSD has been granted.,Sleep apnea is presumed to have had its onset during basic training, which occurred within the initial year after service of the Veteran's first period of honorable active duty.

The Board has determined that the Veteran's obstructive sleep apnea began during his active service and is granted as a result.

The Board has remanded the cases for further development and consideration, including VA examinations and opinions.