Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for sleep apnea and respiratory disability due to inadequate medical opinions and outstanding VA treatment records.

The Board has remanded the Veteran's claims of service connection for pterygium of the left eye and sleep apnea syndrome due to a lack of substantial compliance with its previous remand directives.

The Veteran's PTSD, thoracolumbar spine disability, cervical spine disability, left knee disability, right knee disability, and obstructive sleep apnea have been granted service connection. A rating of 70 percent has been assigned for PTSD since January 11, 2012.

The Board denied service connection for right shoulder, left shoulder, lumbosacral strain (back trauma), cervical strain (neck pain), and right knee disabilities.,There is no evidence of a current disability in any of these conditions.

The Board has denied service connection for frostbite of the hands and feet, but has remanded issues related to an acquired psychiatric disorder, hypertension, sleep apnea, erectile dysfunction, and GERD. The Veteran is required to provide additional evidence or undergo examinations regarding these claims.

The Veteran's claim for service connection for a respiratory condition, including sleep apnea, is remanded. The Veteran also has an increased rating claim for PTSD and seeks entitlement to TDIU.

The petition to reopen the claim of service connection for diabetes mellitus was denied. The petition to reopen the claim of service connection for obstructive sleep apnea was granted, but the petition to reopen the claim of service connection for a cardiac disability was denied.

The Veteran's initial disability rating for the service-connected back disability was granted at a 20 percent level from September 13, 2014 to October 23, 2017. A higher initial rating of over 20 percent is denied.

The Veteran's representative withdrew the appeals for increased ratings in multiple conditions, including obstructive sleep apnea, major depressive disorder, right rotator cuff tendinopathy, lumbosacral strain, left lower extremity radiculopathy, hypertension, and post-operative ventral hernia. The Board has no further jurisdiction to consider these matters.

The Veteran's left kidney disability is currently rated at 60 percent from May 17, 2016. The Board found that an evaluation in excess of 30 percent prior to May 17, 2016 is not warranted.,An initial evaluation for central serous chorioretinopathy of the right eye was remanded due to inadequate examination and need for additional opinions.

The Board denied service connection for obstructive sleep apnea, hypertension, and diabetes mellitus, type II as these conditions were not incurred or aggravated by service or a service-connected disability.

The Veteran's sinus disability, hypertension, right hip and left hip disabilities, jaw disability, sleep apnea, and right and left knee disabilities have been granted service connection. The Veteran is currently diagnosed with these conditions.

The Veteran's claims for gout, pseudogout, asthma, sleep apnea, and skin cancer were denied as not related to service. The claim for kidney disability was remanded due to insufficient evidence.

The Board has remanded several claims, including service connection for an acquired psychiatric disorder, COPD, sleep apnea, a heart condition, and retinal artery occlusion of the right eye. The remand requires additional medical opinions to address whether these conditions are related to in-service brain injuries or other service-connected disabilities.

The Board has reconsidered the claim of service connection for obstructive sleep apnea (OSA) and granted it, as new evidence was received after a previous denial.

The Veteran's right hand pain condition is denied as there is no current diagnosis of a right hand disability, including due to pain.,A compensable evaluation for allergic rhinitis prior to March 9, 2021, is denied. The evidence does not show an increase in symptoms warranting a higher rating at that time.,An evaluation in excess of 10 percent for lumbosacral strain prior to December 8, 2021, is denied. The Veteran's symptoms did not meet the criteria for a higher rating based on range of motion or other factors.,A 40 percent evaluation for lumbosacral strain effective March 9, 2021, is granted as it was first factually ascertainable that her condition met this criterion at that time.,An evaluation in excess of 40 percent for lumbosacral strain on or after March 9, 2021, is denied. The Veteran's symptoms did not meet the criteria for a higher rating based on range of motion or other factors.

The Board has decided to remand the case due to insufficient examination and new evidence of worsening symptoms, requiring a new VA examination.

The Veteran is granted a total rating based on individual unemployability due to service-connected disabilities prior to May 5, 2017. The Veteran's TDIU claim was denied previously but the Court remanded it for further action.

The Veteran's claim for service connection for sleep apnea has been reopened, and the Board finds that further development is necessary to determine if his current sleep apnea condition is related to service or a service-connected disability.

Asthma was granted service connection effective March 26, 2015.,Right knee joint osteoarthritis and right wrist osteoarthritis were granted service connection effective October 3, 2014.