Sleep apnea decisions — 2022

The Veteran's dizziness is caused by her service-connected left ear hearing loss. The Board also granted service connection for a sleep disorder (OSA), joint pain/arthritis, and low back disability, finding that these conditions are related to her in-service physical training. Service connection was denied for the sinus condition.

The Veteran's claims for bilateral shin splints, refractive disorder (eye condition), and obesity have been denied as new and material evidence has not been received.,The Veteran's claim for left ankle disability was granted based on the submission of new and material evidence. The right ankle condition remains pending due to remand.

The Veteran's osteosarcoma, right shoulder disability, and right hip disability are not service-connected as they did not begin in or are otherwise related to his active service.,The Veteran's left eye glaucoma is not service-connected as it did not begin in or be otherwise related to his active service. His bilateral hearing loss and tinnitus were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and are not otherwise etiologically related to an in-service injury or disease.

The Board has determined that the VA examinations related to diabetes mellitus and sleep apnea are inadequate, as they did not provide sufficient rationale or address both causation and aggravation. The claims for service connection are therefore remanded.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's service-connected major depressive disorder and his obesity, which may have contributed to his obstructive sleep apnea.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for OSA, increased ratings for PTSD and lumbar spine disability, as well as his TDIU claim. The Veteran will need to provide updated VA Form 21-8940 and any relevant SSA records.

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar spine disabilities, as well as left and right upper extremity radiculopathies due to new evidence of disability severity.

The Board has determined that the VA medical opinions provided are inadequate and requires additional development to address the Veteran's claims for service connection. The issues of pes planus, bilateral foot disability (including degenerative joint disease), left-hand disability (other than left wrist osteoarthritis and left fifth finger sprain), bilateral knee disability, sleep apnea, right scapular pain, and dizziness are all remanded.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active service and is therefore granted service connection.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and dismissed his other disability rating claims. The reasons given include a lack of evidence of sleep apnea during service, and no relationship to service-connected conditions.

The Veteran's claims for earlier effective dates for service connection and TDIU are being remanded due to the possibility of missing original claims filed at the time of his discharge in September 1992.

The Veteran's hysterectomy with residuals is granted as service-connected.,The Veteran's loss of use of a creative organ (hysterectomy) is also granted.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's hypertension is secondary to his service-connected PTSD and now also associated with his service-connected OSA.

The Board has found that additional evidence is needed to determine if new and material evidence has been received for several service connection claims, including sleep apnea, hypertension, diabetes mellitus type 2, left leg injury residuals, bilateral knee arthritis, left thigh numbness (secondary to lumbar strain), gout, depression, and high cholesterol. The Veteran's SSA records are requested as they may be relevant.

The Veteran's lower back condition and left lower extremity radiculopathy were denied increased ratings. The lower back condition was rated at 10% prior to September 18, 2019, and 20% from that date onwards.

The Veteran's appeal is remanded due to the need for a VA examination to determine if his sleep apnea is related to service or secondary to PTSD.

The Board has decided to remand the case due to incomplete development and need for additional medical opinions regarding the Veteran's lumbosacral spine disorder.

The Board has remanded the cases for further development due to inadequate VA examinations and missing service records. The Veteran's bilateral shoulder strains and OSA are being reviewed again to determine if they are related to his military service.

The Board denied service connection for a cervical spine disability, finding that the Veteran's pre-existing condition was not aggravated by his active service.,The Board also denied service connection for a lumbosacral spine disability, concluding there is no evidence of an in-service injury or disease and current symptoms are not related to service.

The Board has determined that the VA examinations and opinions are inadequate, and thus remanded for further development.