Sleep apnea decisions — 2022

The Board has granted service connection for left knee disorder, lumbosacral strain, and lower extremity sciatica as secondary to the Veteran's service-connected left ankle disorder.

The Board has remanded the claims for service connection for various disabilities due to incomplete development of evidence. The Veteran is required to undergo VA examinations to determine if his claimed conditions are related to his military service.

The Veteran's lumbar spine disability is rated at 40 percent prior to September 20, 2021. The Board remanded the issue of rating in excess of 40 percent for the entire appeal period and also remanded the claim for increased rating for cervical spine disability.

The Veteran's appeal for an increased rating for arthritis with intervertebral disc syndrome and strain of the lumbosacral spine has been dismissed as he withdrew his appeal prior to a decision being made.

The appeal is dismissed for the issue of an effective date prior to November 18, 2014, for PTSD. The Veteran's temporary total rating for hospitalization or observation for PTSD is denied. The issues of service connection for OSA secondary to PTSD and initial rating in excess of 50 percent for PTSD are remanded. The issue of TDIU is also remanded.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus and/or coronary artery disease, finding that there is no evidence showing a causal relationship between these conditions.

The Board has remanded the Veteran's claims for increased ratings for a low back disorder and a neck disorder, as well as his claim for total disability individual unemployability (TDIU).

The Veteran's lumbar condition is granted service connection as it is at least in equipoise that the disability was incurred during his military service. Service connection for an acquired psychiatric disorder, to include PTSD and depression, is denied.

The Board has remanded the case for further development, including obtaining a supplemental medical opinion addressing the severity of the Veteran's lower extremity radiculopathy and potential secondary service connection for erectile dysfunction and constipation.

The Veteran's hand tremors are service-connected and have persisted since his military service. The RO denied service connection for right ear hearing loss due to the absence of a current disability in this ear. Service connection was granted for sleep apnea but denied as there is no evidence of its occurrence during or within one year after service.,The Veteran's PVD has been rated at 30% since September 28, 2015, and his right knee conditions have had their ratings remanded.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's claims for service connection have been reopened, but the appeals for right ear hearing loss, left ear hearing loss, IBS, incontinence disorder, and obstructive sleep apnea were all denied.

The Board has granted service connection for obstructive sleep apnea and a stomach disability, including GERD, gastric ulcer, duodenal ulcer, and helicobacter pylori, both of which are found to have begun during active service.

The Veteran's appeal is remanded due to the need for additional evidence and a new VA medical opinion regarding his asthma condition.

The Veteran's lumbar spine disability and headaches have been granted service connection.,Service connection for an acquired psychiatric disability (to include depression) is remanded.

The Veteran's claim for service connection for OSA was reopened due to new and material evidence submitted since the July 2012 rating decision. The Board found that the condition did not pre-exist his period of active-duty service from March 2003 to August 2004, thus granting service connection.

The Board has remanded several issues for further development, including an increased disability rating for non-small cell carcinoma of the lung and headaches, as well as service connection for obstructive sleep apnea secondary to PTSD. The Veteran's claims are pending resolution.

The Board has remanded the claims for service connection for obstructive sleep apnea and a respiratory condition, to include left hemidiaphragm paralysis and a lung condition due to inadequate opinions in previous decisions. The Veteran contends his sleep apnea is related to his service-connected residuals of right peritonsillar abscess and right cervical lymph node excision, as well as his service-connected tinnitus.

The Board has granted service connection for OSA, but remanded the issue of service connection for fibromyalgia due to insufficient evidence.

The appeal to reconsider the claim of service connection for a dental condition is granted. The appeals for service connection for chronic fatigue syndrome and a rating in excess of 50 percent for obstructive sleep apnea are dismissed. The claims for service connection for anxiety, shortness of breath, gastrointestinal disorder, low back disability, right shoulder disability, left knee disability, and right knee disability are remanded.