Sleep apnea decisions — 2022

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine if his sleep apnea originated during or is otherwise related to his military service, including whether it is secondary to his service-connected PTSD.

The Board has remanded the case due to an incorrect legal standard used in a previous opinion, and for obtaining updated VA treatment records.

The Board has remanded the case due to insufficient opinions regarding the etiology and pathophysiology of the Veteran's sleep apnea, as well as whether it is aggravated by his service-connected bipolar disorder. The case will be returned for further examination and opinion.

The Board has withdrawn the Veteran's appeals for interstitial lung disease, OSA, and hypothyroidism associated with non-Hodgkin's lymphoma. The case is REMANDED to determine if a compensable evaluation can be assigned for non-Hodgkin's lymphoma and whether entitlement to TDIU prior to January 30, 2012, should be granted on an extraschedular basis.

The Board denied service connection for right shoulder disorder, sinusitis and/or allergic rhinitis, sleep apnea, and throat disorder due to lack of evidence showing a current disability or causal connection to service.,There is no evidence that the Veteran sustained or developed chronic disorders as a result of his in-service bee sting reaction or exposure to environmental hazards.

The Board denied service connection for OSA, finding that the Veteran's current diagnosis is not related to his military service.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is at least as likely as not caused or aggravated by his service-connected PTSD.

The Veteran's service-connected asthma is found to have caused or exacerbated his sleep apnea, and the Board grants service connection for sleep apnea as secondary to his service-connected asthma.

The Board has granted service connection for GERD but denied service connection for sleep apnea and restless leg syndrome. The decision is mixed as some issues were granted while others were not.

The Board has determined that the medical opinions provided are insufficient to adjudicate the claims and requires additional examination and opinion regarding the Veteran's service connection for various conditions, including polyarteritis nodosa (PAN), kidney condition, bilateral hip condition, thyroid condition, and gastrointestinal condition (GERD).

The Veteran's appeal is being remanded due to the need for a VA examination and opinion regarding his claimed sleep disorder, including whether it is related to service-connected PTSD. The case will be returned to the Board after obtaining any outstanding VA treatment records.

The Board has granted service connection for the Veteran's claimed back, neck, and right shoulder disorders based on credible lay evidence of in-service injury and continuous symptoms since separation.

The Board has decided to remand the cases for further development due to inadequate medical opinions. The claims of service connection for an acquired psychiatric disorder and obstructive sleep apnea (OSA) are being remanded.

The Veteran's diabetes mellitus, type II is granted as service connected on a presumptive basis. The Veteran's obstructive sleep apnea is remanded for further examination and determination of etiology.

The Veteran's appeal for service connection and initial rating for her right shoulder recurrent rotator cuff tear has been granted. The issue of an increased rating for her low back disability remains pending.

The Board has dismissed the appeal for bladder disability due to withdrawal. The claims of service connection for degenerative disc disease of the lumbar spine, hypertension, bilateral lower extremity peripheral neuropathy, cervical spine disability, obstructive sleep apnea, fibromyalgia, irritable bowel syndrome, chronic fatigue syndrome, respiratory condition, and GERD are all REMANDED due to new evidence received.

The Veteran's claim for an increased rating for service-connected diabetes was denied as the evidence did not show that his diabetes required regulation of activities.,The Board found that the Veteran's sleep apnea is remanded for further development to determine if it is related to service, caused or aggravated by his service-connected diabetes and coronary artery disease.

The Veteran's back disability resulted in a separate rating of 20 percent for right lower extremity radiculopathy as of February 2, 2017, and a separate 10 percent rating for left lower extremity radiculopathy as of April 3, 2019. The Veteran's claims for increased ratings prior to August 21, 2015, and in excess of 20 percent thereafter are remanded. The Veteran's claim for service connection for an acquired psychiatric disorder is also remanded.

The Veteran's service connection claims for residuals from colon cancer, obstructive sleep apnea, and diabetes are denied. The claim for obstructive sleep apnea is granted.

The Board has dismissed the appeal regarding service connection for a skin disorder other than urticaria. Service connection for sleep apnea is granted, and an increased disability rating of 30 percent for IBS and GERD is granted from February 17, 2011.