Sleep apnea decisions — 2022

The Board has remanded several claims for further development and review.,The Veteran's sleep apnea claim is being reviewed to determine if it is secondary to his service-connected psychiatric disability (Chronic Adjustment Disorder).,The matter of whether the Veteran's Mild Neurocognitive Disorder (manifesting as memory loss) is secondary to his newly service-connected psychiatric disability will be submitted for review.,The Board has remanded several claims related to sleep apnea and its relationship to the Veteran's service-connected inguinal hernia and surgical scar.,Several skin disorder claims are being reviewed, including whether they are secondary to exposure to herbicide agents or other chemicals.,The Veteran's hypertension claim is being reviewed for secondary service connection based on his service-connected inguinal hernia and/or exposure to herbicide agents.,The Veteran's diabetes mellitus claim is also being reviewed for secondary service connection based on his service-connected inguinal hernia and/or exposure to herbicide agents.,Several other claims are being remanded, including those related to sleep apnea, memory loss, skin disorders, heart disorder, sinus disorder, left shoulder disorder, gout, knee disorder, leg disorder, visual disorder, prostate disorder, foot disorder, and thyroid disorder.,The Veteran's TDIU claim is also being reviewed.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's currently diagnosed obstructive sleep apnea and his service, including chest pain and other heart-related issues during service.

The Veteran's TDIU claim was granted from February 7, 2014, as he had a combined rating of 60% for his service-connected disabilities. The decision acknowledges that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected low back disability and associated radiculopathy.

The Veteran's claims for service connection for obstructive sleep apnea, right knee condition, right ankle condition, and left ankle condition are being REMANDED due to the need to obtain missing service treatment records and personnel records. The Veteran is also seeking VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's lumbar spine disability and cervical spine disability have been remanded for additional action due to the complexity of her claims.

The Veteran's appeal for service connection for sleep apnea, which was secondary to a service-connected low back disability, has been dismissed due to the Veteran's death.

The Board has denied service connection for skin cancer due to lack of a medical nexus. The cases for lung disease and sleep apnea are remanded as the VA examinations did not adequately address the Veteran's in-service symptoms.

The Board has remanded the case due to incomplete records and a need for an addendum medical opinion regarding the etiology of the Veteran's retinitis pigmentosa.

The Board has remanded the claim for service connection for sleep apnea due to incomplete information in a previous VA medical opinion. The examiner needs to address whether certain medications taken for service-connected disabilities caused or aggravated the Veteran's sleep apnea.

The Veteran's bilateral hearing loss is rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's sleep apnea does not meet the criteria for a higher than 50 percent rating as it does not result in chronic respiratory failure or require a tracheostomy.

The Veteran's service-connected lumbosacral spine disability is now rated at 40 percent effective November 2, 2021. The rating was granted because the VA examination showed that the Veteran only had 5 degrees of forward flexion in his lumbosacral spine and experienced intervertebral disc syndrome lasting between 1 to 2 weeks in the previous 12 months.

The Board has remanded the case due to an inadequate statement of reasons or bases for its implicit finding of substantial compliance with prior remand instructions. The matter is being returned for further development and consideration.

The Board has denied the Veteran's claim for service connection for a left knee condition due to lack of evidence of current disability during or contemporary to the appeal period. The claims for service connection for left ear hearing loss, sleep apnea, and hypertension are remanded as additional development is needed.

The Veteran's obstructive sleep apnea is not related to service or a service-connected condition.,Herpes was not diagnosed during service and no evidence supports its relation to service. ,Evidence received since the last final rating decision relates to an unestablished fact (migraine headaches) and raises a reasonable possibility of substantiating the claim.,Evidence received since the last final rating decision relates to an unestablished fact (an acquired psychiatric disability) and raises a reasonable possibility of substantiating the claim.,The Veteran's degenerative arthritis of the lumbar spine does not meet criteria for an evaluation in excess of 20 percent.,For the entirety of the appeal period, radiculopathy of the right lower extremity meets criteria for a 10 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 10 percent.,For the entirety of the appeal period, radiculopathy of the right lower extremity meets criteria for a 10 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 10 percent.,For the entirety of the appeal period, radiculopathy of the left lower extremity meets criteria for a 20 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 20 percent.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service or his service-connected PTSD with alcohol use and persistent depressive disorder.

The Board has remanded the case due to insufficient consideration of the Veteran's testimony and medical literature in previous examinations. The Veteran is seeking service connection for obstructive sleep apnea, which may be related to his service or a service-connected condition.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to new theories of entitlement raised by the Veteran, including that his obesity and side effects from medication used to treat his service-connected psychiatric disabilities may have caused or aggravated his sleep apnea.

The Board has remanded the claims of service connection for sleep apnea and residuals of right-hand surgery due to inadequate medical opinions provided in previous VA examinations.

The Veteran's claims for service connection have been reopened and are being remanded due to the submission of new and material evidence. The issues remain unresolved.

The Board has determined that the Veteran's appeals for increased ratings for pulmonary embolism and lumbosacral strain with lumbar disc disease require additional medical examination to determine the current severity of his conditions, including any psychiatric impairments. The appeals are being remanded.