Sleep apnea decisions — 2022

The Veteran's petition to reopen his claim for service connection for left shoulder disorder with carpal tunnel syndrome is granted. The Board has also remanded the issues of service connection for sleep apnea, right knee disorder, left knee disorder, and hypertension due to insufficient evidence.

The Board has decided to remand the case due to an inaccurate factual premise and a failure to provide adequate medical reasoning in the VA examiner's opinion. The Veteran will need a new VA medical opinion to determine if sleep apnea began or is related to service.

The Veteran's claim for increased ratings for lumbosacral strain was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to February 10, 2020, and from February 10, 2020, to November 15, 2021, or for a rating in excess of 40 percent beginning November 16, 2021.

The Veteran's acquired psychiatric disorder, CTE, and headaches have been granted service connection.,Service connection for sleep apnea as secondary to an acquired psychiatric disorder has also been granted.

The appeal for diabetes mellitus is dismissed.,New and material evidence has been received to reopen the claim of infectious hepatitis, but service connection remains denied.,Obstructive sleep apnea is remanded due to lack of relevant VA examination records.,Left knee disorder is remanded as there are no current VA examinations available for review.,Right knee disorder is remanded due to lack of current VA examinations and incomplete medical history.,Neck disorder is remanded because the etiology of the condition needs further clarification.

The Board has denied service connection for left upper extremity neuropathy, right upper extremity neuropathy, lumbar spine disorder, duodenal ulcer, benign prostate hypertrophy, and obstructive sleep apnea as the evidence does not support a link to active service or any service-connected conditions.

The Veteran's service-connected disabilities rendered him in need of the regular aid and attendance of another person prior to August 27, 2020, which resulted in a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to insufficient medical opinions regarding the relationship between these conditions and his military service, particularly in relation to Agent Orange exposure.

The Board has ordered a remand for the VA to obtain an addendum opinion regarding whether the Veteran's OSA is secondary to his service-connected PTSD and if any of his other service-connected disabilities, individually or combined, caused his obesity. The examiner must consider previous statements by VA examiners and articles submitted by the Veteran's representative.

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for bilateral hearing loss, sleep apnea, left knee condition, and right knee condition are dismissed.

The Veteran's claim to reopen service connection for right ear hearing loss is dismissed as the April 2019 rating decision implicitly granted this condition.,Evidence received subsequent to the November 2013 denial of service connection for obstructive sleep apnea has been found new and material, thus reopening the claim. The case is remanded for further development.

The Board has granted service connection for hypertension and obstructive sleep apnea, but dismissed the claims for low back strain and bilateral pes planus.

The Veteran's claims for service connection for a left shoulder disability and sleep apnea have been denied as there is no evidence of current disabilities at the time of filing or during the pendency of these claims.,There is insufficient medical evidence to establish that the Veteran has a current diagnosis of either a left shoulder disability or sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea originated during his active service and grants service connection for this condition.

Service connection for obstructive sleep apnea and Bell's Palsy has been granted.,The Veteran's bilateral pes planus claim is being remanded.

The Veteran withdrew his appeals for the issues of whether new and material evidence was received to reopen a claim for sleep apnea, and if so, whether service connection is warranted; entitlement to right great toe disorder; and entitlement to left great toe disorder.

The Board has remanded the claims for GERD, OSA, and a pulmonary disorder other than OSA to obtain additional opinions from medical professionals. The issues are related to whether these conditions are service-connected.

The Veteran's PTSD is found to be causally related to his active duty service, and the Board grants service connection for PTSD.

The Veteran's service-connected neck disability is found to be the proximate cause of his peripheral neurological disorders affecting both upper extremities, and sleep apnea. Service connection for these conditions is granted.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected TBI with headaches, and thus grants service connection for this condition.