Sleep apnea decisions — 2022

The Board dismissed the appeals for right carpal tunnel syndrome, erectile dysfunction, prostate disorder, nonservice-connected pension, tinnitus, and obstructive sleep apnea. The appeal of bilateral foot disability (secondary to lumbar spine disability) is remanded.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest during service and is unrelated to his service-connected cervical spine disability and psychiatric disorder.

The Board has remanded the case for additional development, including obtaining a VA medical opinion regarding the etiology of the Veteran's sleep apnea and addressing whether it is at least as likely as not that his major depressive disorder caused or aggravated his obstructive sleep apnea.

The Board has remanded the Veteran's claims for higher ratings for his service-connected lumbosacral spine, left knee, and right knee disabilities due to incomplete examinations. The TDIU claim is also remanded as it is inextricably intertwined with the rating issues.

The Veteran's GERD and hiatal hernia are granted an initial rating of 30 percent. Service connection for obstructive sleep apnea is also granted.

The Board has granted service connection for the Veteran's diagnosed lumbosacral strain and degenerative arthritis, finding that his current back disability is related to his in-service complaints.

The Board has granted service connection for bilateral hearing loss, tinnitus, and sleep apnea. The Veteran's current diagnoses are related to his active duty service.

The Veteran's left knee chondromalacia and lumbosacral strain with degenerative arthritis, degenerative disc disease, and intervertebral disc syndrome are currently rated at the maximum allowable under VA regulations. The Veteran is not entitled to higher ratings for these conditions.

The Board has remanded the claims for further development due to new evidence received after the February 2022 Supplemental Statement of the Case.

Service connection for obstructive sleep apnea is granted, and service connection for other foot conditions (right and left) are dismissed. Service connection for low back disability, bilateral lower extremity neurological condition, pes planus, right and left foot Morton's neuroma, right and left foot hammer toes, right and left knee disabilities, and right and left ankle disabilities are remanded.

The Board has decided that the Veteran's right ear hearing loss did not undergo an increase in severity during service, and thus cannot be granted service connection. The lumbosacral strain issue is remanded for further examination. TDIU is also remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to March 14, 2017 due to insufficient evidence showing he was unemployable because of his service-connected depressive disorder. The TDIU claim is also denied from March 14, 2017 to May 31, 2022 and June 1, 2022 onward as the Veteran's combined disability rating does not meet the minimum schedular requirements for a TDIU.

The Board has granted service connection for obstructive sleep apnea, finding that it is secondary to the Veteran's other service-connected disabilities due to weight gain and body fat caused by his symptoms.

The claim for service connection for a low back disability, including right sacroiliac joint degenerative joint disease, has been reopened and granted. The claim for service connection for recurrent sleep disability, to include obstructive sleep apnea, is remanded due to insufficient evidence.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD, COPD, and certain medications. The VA needs to obtain an addendum opinion from a qualified clinician to address these questions.

The Board has reopened the claims for service connection for sleep apnea, a back disability, and erectile dysfunction. The appeals are remanded due to insufficient evidence and need further development.

The Veteran's claims of service connection for depression/anxiety, a right knee condition, and initial increased disability ratings for his service-connected lumbosacral strain with degenerative arthritis and IVDS, and bilateral hearing loss are dismissed. The Veteran's claims for an initial increased disability rating in excess of 10 percent for right lower extremity sciatic radulopathy and left lower extremity sciatic radulopathy are also dismissed.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and radiculopathy of both lower extremities due to lack of evidence linking these conditions to his military service.

The Veteran's obstructive sleep apnea, vitiligo, and generalized anxiety disorder have been granted service connection.,Service connection for a back disorder is being remanded.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA) due to issues with causation and aggravation of obesity by PTSD, which is already service-connected. The case will be reviewed again with additional medical opinions.