Sleep apnea decisions — 2022

The Board has remanded the claims for obstructive sleep apnea, hypertension, and hypothyroidism due to insufficient VA etiology opinions in the September 2020 decision. The Veteran's service-connected coronary artery disease is alleged to have aggravated these conditions.

The Veteran's respiratory conditions, including asthma and bronchitis, are related to service. Service connection is granted for these conditions. However, the Veteran does not meet the criteria for service connection of pneumonia.

The Board has decided to remand the cases of sleep apnea and hypertension for further development, including obtaining additional medical records and scheduling examinations. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Board has dismissed the appeal for the issue of increased disability rating for lumbosacral strain with degenerative joint disease due to withdrawal by the appellant. The issues of increased disability rating for left shoulder trapezius muscled strain and service connection for obstructive sleep apnea, secondary to PTSD, are remanded.

The Veteran's appeal for an initial rating higher than 10 percent for hemorrhoids was denied. The Board found that the Veteran's symptoms did not meet the criteria for a higher rating.,The Veteran's appeal for an initial rating higher than 20 percent for lumbosacral strain with intervertebral disc syndrome and degenerative disc disease of the thoracic spine is remanded due to insufficient evidence regarding functional loss during flare-ups or after repetitive use over time.

The Board has determined that the current medical opinions are insufficient and remands the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's obstructive sleep apnea is related to service or secondary to his service-connected disabilities.

The Veteran's claims for hearing loss and lumbar spine degenerative arthritis are being remanded due to the submission of new evidence that has not been reviewed by the AOJ.

The Board has determined that the Veteran does not have current diagnoses of the claimed conditions and therefore, service connection cannot be granted for OSA, lung condition, left knee disability, residuals of head trauma, hypertension, GERD, or skin cancer.

The Veteran's service connection claims for a sleep disorder and bilateral upper extremity nerve disability are granted. The claim for bilateral elbow disability is remanded.

The Veteran's left knee disability was granted a rating of 20% prior to August 11, 2018 and denied for higher ratings thereafter. The Veteran's sleep apnea secondary to PTSD is remanded for further evaluation.,The Veteran's left knee disability status post total knee replacement was denied for higher ratings.

The Board has decided that the Veteran's sleep apnea is not service-connected, but has ordered additional development to address whether it is secondary to his service-connected PTSD with alcohol use disorder.

The Veteran's claim for SMC based on the need for regular aid and attendance or as due to housebound status is remanded due to unclear current severity of her service-connected disabilities. The Veteran needs a VA examination to assess the impact of her service-connected conditions on her daily activities and whether she can leave her home.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his military service or any service-connected conditions.

The Board has remanded the case due to insufficient evidence in the original decision regarding whether the Veteran's obstructive sleep apnea is related to his military service. The Veteran will need a new VA examination and opinion to address this issue.

The Board has granted service connection for obstructive sleep apnea, finding that it is etiologically related to the Veteran's service-connected traumatic brain injury residuals.

The Veteran's claims for initial ratings for lumbosacral strain and right knee disability, as well as a TDIU prior to December 29, 2020, are being remanded due to the need for additional examinations.

The Board has remanded the Veteran's claims for increased disability ratings for his service-connected lower extremity radiculopathy and thoracolumbar spine spondylolisthesis with intervertebral disc syndrome (IVDS) and lumbosacral strain due to insufficient information regarding functional loss during flare-ups and after repeated use over a period of time.

The Veteran's claims for bilateral lower and upper extremity peripheral neuropathy, as well as his acquired psychiatric disorder (to include PTSD), are being remanded due to the need for additional medical opinions.,The Veteran's obstructive sleep apnea claim is granted based on service in Southwest Asia.

The Board has decided that the Veteran's OSA may be related to his service-connected PTSD and is requesting additional evidence or examination.

The Board has remanded the claims for service connection for diabetes mellitus, hypertension, and obstructive sleep apnea due to exposure to jet fuel in service. The Veteran is requested to provide more details about his alleged in-service herbicide exposure and VA will attempt to confirm whether C-123 aircraft were serviced or maintained at any location during his Vietnam-era service.