Sleep apnea decisions — 2022

The Veteran's claims for higher disability ratings for lumbosacral spine degenerative disc disease with facet arthropathy and left knee patellofemoral syndrome with osteoarthritis are being remanded due to the need for additional medical examination.

The Veteran withdrew her appeals for all issues concerning service connection for various conditions, including headaches, liver condition, pancreatic condition, sleep apnea, anxiety, insomnia and depression, gastric bypass, kidney condition, loss of gallbladder, loss of spleen, and osteoporosis and bone condition.

The Board has remanded the cases of service connection for a right lung disability and obstructive sleep apnea due to incomplete records and insufficient examination opinions. The Veteran needs further VA examinations to determine if these conditions are related to his military service.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability and remanded his claim for bilateral lower extremity numbness.

The Board has remanded the claims for service connection for various disabilities, including heart disability, hypertension, diabetes mellitus, type II, bilateral peripheral neuropathy of the upper and lower extremities, erectile dysfunction, obstructive sleep apnea, benign prostatic hyperplasia, asthma, and dementia, all claimed as due to Agent Orange exposure. The remand also includes a request for verification of in-service herbicide agent exposure.

The Veteran's obstructive sleep apnea is found to have started during service and has continued since then, granting the claim.,There is no evidence of a chronic sinus disorder in service or post-service that would support a grant of service connection. The claim for this condition is denied.,Tinea pedis was not shown to be present in service or post-service, thus denying the Veteran's claim for this condition.,The Board found there is insufficient evidence to establish a current diagnosis of epididymitis and therefore denied the Veteran's claim.,Service connection has been granted for hemorrhoids based on their onset during service.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there is no evidence linking his current OSA to his military service or to his service-connected chronic rhinosinusitis.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) secondary to posttraumatic stress disorder (PTSD) is granted. The compensable rating for non-specific dermatitis is remanded.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations. The effective date claim is denied as there was no earlier claim prior to October 30, 2015.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is not related to active duty service or any other in-service injury, event, or disease. The Board also found that obesity, which the Veteran contends was caused by his service-connected disabilities, did not serve as an intermediate step between his service-connected disabilities and his sleep apnea.

The Board has denied service connection for sleep apnea and remanded the issue of service connection for a stand-alone sleep disorder other than sleep apnea. The case is now pending again with further development required.

The Board has granted service connection for a low back disorder, diagnosed as a lumbosacral strain. The claims for right ankle disorder, bilateral hearing loss, and tinnitus are remanded.

The Board has remanded the Veteran's claims for left knee condition, lumbar spine condition, pseudofolliculitis barbae (PFB), and sleep apnea to allow for further development. The issues include determining the severity of the left knee condition, whether a lumbar spine condition is related to service, whether PFB was incurred in service or aggravated by a pre-existing condition, and whether sleep apnea is related to service-connected acquired psychiatric disorder.

The Board has denied service connection for bilateral hearing loss and sleep apnea, finding no evidence of current disabilities. The low back and neck disorders are remanded for further development.,Service connection is not granted for the Veteran's claimed conditions due to lack of a current disability diagnosis.

The Veteran's claim for separate ratings for sleep apnea and asthma is denied. The current rating of 50% for sleep apnea is upheld, as the condition requires a breathing assistance device but does not meet criteria for higher ratings due to lack of respiratory failure or tracheostomy. The current rating of 30% for asthma is also upheld.

The reduction of the rating for lumbosacral spine degenerative disc disease and strain was improper, and the 40 percent rating is restored. The claim for a higher rating for the service-connected disability is remanded due to new evidence suggesting an increase in severity since the last examination.

The Board denied service connection for obstructive sleep apnea, finding the evidence did not support a link to service or service-connected conditions.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his lumbosacral strain, left knee radiculopathy, and instability. The appeal for sleep apnea is also being remanded due to a lack of consideration of relevant evidence.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine was reopened and granted. Service connection is also granted for left ear hearing loss.,Service connection for right ear hearing loss is denied, as there is no evidence of a current disability meeting VA criteria.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment consistent with his educational and occupational background.