Sleep apnea decisions — 2022

The Board has remanded the case for additional medical opinions regarding the Veteran's obstructive sleep apnea, specifically whether it is related to service or secondary to his service-connected PTSD, diabetes mellitus, type 2, and coronary artery disease.

The Board has determined that the Veteran's obstructive sleep apnea did not manifest during or as a result of his active military service, and is not caused or aggravated by his service-connected hypertension.

The Veteran's sleep apnea is being remanded for further development to determine if it is secondary to his service-connected disabilities, with obesity as an intermediary step.

The Veteran's back disability is rated at 20 percent, and the Board denied an increased rating for his service-connected back disability. The TDIU claim was also denied as of December 6, 2018.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected posttraumatic stress disorder, and thus grants service connection for this condition on a secondary basis.

The Veteran's appeal is remanded due to the absence of audiogram results from January 2020 VA treatment, which could affect his hearing loss disability rating.,The Veteran's claim for a higher rating for sleep apnea with asbestosis prior to June 27, 2019 remains denied.

The Board has determined that the Veteran's claims for service connection and remand are related to his hypertension, knee disabilities, pulmonary disability (COPD), sleep apnea, and TDIU. The claims will be addressed in more detail with further medical examinations.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to a lack of an examination and further development is required.

The Board has determined that the Veteran's lumbar spine disability, right thumb disability, and bilateral pes planus require additional examinations to determine their current severity. The TDIU claim is also remanded as it is inextricably intertwined with these issues.

The Board has determined that the Veteran does not have a current left shoulder disability and therefore denied service connection for this condition. The low back disability and associated radiculopathy are remanded for further examination to determine their severity.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that her current diagnosis of sleep apnea is at least in equipoise with the possibility that it was caused or aggravated by her service-connected allergic rhinitis. The decision also reopened her previously denied claim.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, periodic limb movement disorder, and restless leg syndrome as secondary to his service-connected PTSD and/or coronary artery disease.

The Veteran's lumbosacral strain is rated at 20% since June 21, 2007. Service connection for bilateral lower extremity radiculopathy of the sciatic nerve has been granted as secondary to his service-connected lumbosacral strain.

The Board has granted service connection for type II diabetes mellitus (DM2). The issues of left knee strain, abdominal aortic aneurysm (AAA), and sleep apnea are remanded due to insufficient development.

The Board has granted service connection for sleep apnea, reopened the claim for bilateral hearing loss, and remanded the issue of service connection for left ear hearing loss. The Veteran's right ear hearing loss is also granted.

The Board has remanded the claims for service connection for sleep apnea and insomnia, as well as the claim for special monthly compensation (SMC) based on the Veteran's spouse's need for aid and attendance prior to October 19, 2013. The VA is instructed to obtain treatment records from Dr. Van Ort, who has treated the Veteran since 1995.

The Veteran's appeal is for ratings in excess of 20 percent from December 18, 2012, and in excess of 40 percent from August 5, 2021, for her lumbosacral spine disability. The Board has remanded the case due to further development being needed.

The Veteran withdrew his appeals for all listed conditions, resulting in the dismissal of these claims.

The Veteran's service connection claims for lumbosacral strain, right knee PFS, left knee PFS, right foot plantar fasciitis with heel spurs, and left foot plantar fasciitis with heel spurs have been granted. The Board has also remanded the Veteran's claims for neck disorder, headaches, and PTSD for further development.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation until his retirement in December 2018 due to health issues and 'life in general'.