Sleep apnea decisions — 2022

The Board denied service connection for Obstructive Sleep Apnea, finding that the evidence did not support a link between the condition and the Veteran's military service or his service-connected asthma.

The Veteran's TDIU claim is being remanded for further development, including obtaining SSA medical records and considering the issue on an extraschedular basis.

The Veteran's diabetes mellitus and bilateral lower extremity peripheral neuropathy are not service connected as they were not shown to be related to his military service.,Obstructive sleep apnea, Grave's disease, and bowel disability (diverticulosis and functional gastrointestinal disorder) are also not service connected due to insufficient evidence.

The Veteran's tinnitus has been found to be related to his military service, and thus granted.,Bilateral hearing loss was not shown during service or post-service, and is denied.

The Veteran's appeal for a rating in excess of 30 percent for Multiple Sclerosis is dismissed. The issues of service connection for OSA and PTSD are remanded.

The Board has remanded the cases of service connection for sleep apnea and gastroesophageal reflux disease (GERD) due to further development being necessary. Service connection for allergic rhinitis is granted.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and total disability rating based upon individual unemployability (TDIU) due to inadequate examinations and medical opinions. The case will be returned to the VA for further evaluation.

The Veteran's claim for increased ratings for lumbosacral strain with intervertebral disc syndrome (IVDS) is being remanded due to inadequate prior VA examinations and the need for additional information regarding flare-ups and functional loss.

The Veteran's service connection claim for sleep apnea has been granted. The Board finds that his currently diagnosed obstructive sleep apnea began during his active duty service and grants the claim. Other issues related to right hip, left knee, right knee, left shoulder, right shoulder, and low back disabilities are remanded due to inadequate VA examination records.

The Board has determined that the VA etiological medical opinions provided are not in compliance with the July 2020 remand directives and thus, these claims must be returned for further development.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete compliance with prior remand directives. The AOJ is instructed to schedule VA examinations, obtain clarification opinions from an appropriate examiner regarding RLE radiculopathy, and ensure that all development actions have been completed.

The Veteran's request to reopen claims for service connection for bilateral hearing loss, vertigo, and sleep apnea has been granted.,The requests to reopen previously denied claims for service connection for vertigo and sleep apnea are remanded.

The Veteran's appeals for increased ratings on multiple service-connected disabilities are being remanded due to the submission of recent medical records.

The Board has denied service connection for bilateral hearing loss due to lack of current disability. The issues of service connection for left shoulder, low back, and cervical spine conditions as well as sleep apnea are remanded for additional development.

The Board has decided to remand the Veteran's claims for service connection for low back, right knee, left knee, sinus, and sleep apnea conditions due to inadequate explanations in the medical opinions provided. The cases are being returned for further development.

The Board has found that the remand directives were not substantially complied with, and thus the case is being returned to VA for further action. Specifically, an additional medical opinion is needed regarding whether the Veteran's service-connected diabetes mellitus caused or contributed to his obesity, which in turn may have caused his sleep apnea.

The Veteran's sleep apnea is granted as service-connected.,The Veteran's neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted with a 40 percent rating each.,The Veteran's neck disability is remanded for further evaluation.,The Veteran's right lower extremity radiculopathy is remanded for further evaluation.,The Veteran's left lower extremity radiculopathy is remanded for further evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are both remanded for further evaluation.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that there is sufficient evidence to support a nexus between his current condition and his military service or a pre-existing condition. The decision also notes that the Veteran did not meet the physical requirements for obesity at the time of his diagnosis.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 20 percent, but the Board has determined that this rating is not warranted due to lack of incapacitating episodes and limitation of motion.

The Veteran's hypothyroidism is now rated at a 60 percent rating prior to February 9, 2015 and a 100 percent rating thereafter. The Board has also granted service connection for obstructive sleep apnea and stroke (residuals), but remanded the issue of service connection for supraventricular arrhythmia.