Sleep apnea decisions — 2022

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected chronic kidney disease, and thus grants service connection for this condition as secondary to his service-connected disability.

The Veteran is granted an extraschedular total disability rating based on individual unemployability for the period from March 3, 1997 to April 11, 2012. For the period prior to October 20, 2004, he was denied a higher initial rating for his lumbosacral spine disability.

The Board has remanded the case due to insufficient examination regarding the relationship between the Veteran's obstructive sleep apnea and his service, as well as its connection to other service-connected disabilities.

The Board denied service connection for bilateral plantar fasciitis and sleep apnea, and remanded the Veteran's claims for a rating in excess of 70 percent for postconcussion syndrome with unspecified depressive disorder, a rating in excess of 20 percent for lumbosacral disc disease, and a rating in excess of 10 percent for left and right knee patellofemoral pain syndrome.

The Board has remanded the case due to insufficient evidence regarding the impact of the Veteran's service-connected lumbosacral strain on his employability prior to September 9, 2015. A new VA opinion is needed to address this issue.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including hemorrhoids, right knee disability, lumbosacral spine disability, cervical spine disability, and right lower extremity femoral radiculopathy. The claims are being remanded for further development, including obtaining VA treatment records and providing adequate examinations.

The Board has granted an earlier effective date of October 1, 2009 for the award of service connection for sleep apnea. However, the issue of an initial rating in excess of 50 percent for sleep apnea is remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and assessments of his disabilities, including PTSD, migraines, knee conditions, and sleep apnea.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and headaches due to their interrelated nature. Specifically, it is unclear whether OSA was caused or aggravated by the Veteran's service-connected lumbar spine condition, including the use of opioids for pain management.

The Board denied service connection for obstructive sleep apnea and right shoulder disability, finding that the evidence does not support a link between these conditions and active service.

The Board denied service connection for obstructive sleep apnea and hypertension, finding that the conditions were not incurred or caused by service or a service-connected disability.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome, lumbar radiculopathy (sciatic nerve) of the right lower extremity, and lumbar radiculopathy (sciatic nerve) of the left lower extremity due to the need for an addendum opinion regarding the severity, frequency, and duration of any flare-ups and after repeated use over time.

The Board has denied service connection for rhinoplasty, eye disorder (claimed as radial keratotomy), obstructive sleep apnea, and Nissen fundoplication. The claims are being remanded due to the need for additional examinations and opinions.

The Board has decided to remand the case due to insufficient consideration of whether PTSD caused or aggravated obesity, which may be an intermediate step in causing OSA.

The Veteran's claim of service connection for a sleep disorder, other than insomnia, claimed as sleep apnea is being remanded due to the need for an adequate etiological opinion regarding whether it is at least as likely as not caused by or aggravated by his service-connected PTSD.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to in-service exposure, as there is insufficient evidence to determine if his OSA was incurred or aggravated by his military service. The case will be reviewed again with additional development.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is not an approximate balance of positive and negative evidence to support the claim. The Board concluded that the Veteran's OSA did not have an onset during active service.

The Board has granted service connection for obstructive sleep apnea and cervical spine disabilities, as well as secondary service connection for radiculopathy of the upper left and right extremities. The claims for residuals of a tonsillectomy (secondary to OSA) and degenerative arthritis of the shoulders are remanded.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, despite his reported symptoms and educational background.

The Board has dismissed the Veteran's appeal for service connection for COPD due to a grant of service connection in November 2021. The remaining issues on appeal are remanded.