Sleep apnea decisions — 2022

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected orthopedic disabilities, and thus grants service connection for OSA as secondary to these conditions.

The Board has denied service connection for cervical spine condition, sciatic nerve radiculopathy (both lower extremities), bilateral lumbosacral disorder, and migraines. The claims of service connection for PTSD, depression and anxiety, and sleep disorder are remanded.

The Veteran's service-connected conditions do not require the regular aid and attendance of another person at any point during the period on appeal, thus his claim for SMC based on need for regular aid and attendance is denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not related to his military active service.

The Veteran's varicose veins and OSA are not related to service, but his bilateral knee disorder may be due to or aggravated by his service-connected pes planus with plantar fasciitis and shin splints.,Service connection for the Veteran's bilateral knee disorder is remanded. The examiner should consider the Veteran's weight gain after service and any continuity of symptoms since service.

The Veteran's claims for cerebellar condition, hypertension, prostate condition, kidney disability, scars, back disability, cervical spine disability, GERD, erectile dysfunction, bilateral lower extremity neuropathy, and bilateral upper extremity carpal tunnel were dismissed as the Veteran withdrew his claims. ,Service connection was granted for PTSD, depressive disorder, and anxiety disorder, with sleep apnea being secondary to service-connected PTSD.

The Board has determined that the Veteran's sleep apnea is not related to his service, and therefore, denied his claim for service connection.

The Board has remanded the Veteran's claims for left ankle disability and lumbar spine disability due to additional development being needed.,The Board has also remanded the Veteran's claim for neurological disorder (restless leg syndrome) and OSA as secondary to service-connected PTSD with alcohol use disorder, depressive disorder, and unspecified anxiety disorder due to additional development being needed.,,

The Board has granted service connection for sleep apnea, migraine headaches, and anxiety disorder and bipolar disorder. The decision is based on the Veteran's competent and credible lay statements regarding his symptoms in and since separation from service.

The Board has granted service connection for sleep apnea, but denied service connection for right upper extremity radiculopathy and lumbar spine disability prior to the effective date of January 9, 2020.

The Veteran's chest pain/muscle pain claim is denied as his FEV-1 and FEV-1/FVC levels do not warrant a rating above 10 percent. The Board has also remanded the Veteran's sleep apnea, hypertension, and constipation/colonic polyps claims for further development.

The Board has remanded the case due to inadequate reasons or bases for denying a higher rating for lumbosacral strain with degenerative joint disease. The Veteran needs another VA examination to assess his current disability level.

The Veteran's OSA is being remanded for further evaluation, including consideration of long-term exposure to JP4 and the potential impact on his sleep apnea.

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board denied service connection for obstructive sleep apnea (OSA) as it did not begin during active service or is otherwise related to an in-service injury, disease, or exposure. The Veteran's OSA was found less likely due to exposure to hydraulic fluid, fuel, and other chemicals during a failed missile launch at Vandenberg Air Force Base in November 1967.

The Veteran's appeals for increased ratings for his service-connected obstructive sleep apnea with asthma and separate evaluations were denied due to failure to report for a VA examination, and the regulations do not allow separate disability ratings for these conditions.

The Veteran's application to reopen his claim for service connection of sleep apnea has been granted. However, the claim itself remains denied.,Service connection for congestive heart failure and irregular heartbeat is remanded due to insufficient evidence.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition is not related to his military service or a service-connected disability.

The Board has denied service connection for left and right testicle conditions, as well as other issues including a stomach condition, migraine headaches, eye condition, foot condition, and right shoulder condition. The case is remanded for further development.

The Board has denied service connection for an inguinal hernia and sleep apnea, but has remanded the Veteran's claims for prostate cancer due to herbicide exposure during active service.