Sleep apnea decisions — 2022

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for bilateral foot fungus, sleepiness (sleep apnea), low back condition, and bilateral hearing loss are remanded.

The Board has remanded the claims for service connection for heart disease, hypertension, and obstructive sleep apnea as secondary to depression. The AOJ must obtain medical opinions regarding these conditions.

The Board has granted the Veteran's request for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, including PTSD with pseudoseizures, obstructive sleep apnea, and right ankle disability.

The Veteran withdrew his appeal regarding the denial of service connection for sleep apnea, and the Board dismissed the case as a result.

The Veteran's claim for service connection for lumbosacral or cervical strain (cervicalgia) has been denied. The claims for increased ratings and service connection for left shoulder, right thigh, and left costochondritis disabilities have been remanded.

The claims for service connection for sleep apnea, hypertension, myocardial infarction, chronic kidney disease, anal fistulectomy residuals, rectal scar associated with fistulectomy, acne conglobata, and hidradenitis suppurative are remanded. The Veteran's acquired psychiatric disorder is also being remanded.

The Board has remanded the claims for service connection for sleep apnea, bilateral foot disorder, and low back disorder due to procedural errors. The TDIU claim is denied as it was assigned effective November 23, 2020.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examination. The issues of service connection for bilateral hearing loss, obstructive sleep apnea, chronic sinusitis and rhinitis, COPD, and emphysema are being reviewed.

The Board has decided to remand the case due to inadequate reasoning in previous medical opinions and further development is needed.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. His left knee, right knee, and neck disorders are not found to be related to service or any other basis for service connection. Infectious hepatitis in-service is denied due to resolution of the condition.

The Board has remanded the cases for further development and to obtain additional medical opinions regarding the Veteran's claims of service connection for sleep apnea, respiratory disability other than pleural plaques (to include asthma), and fatigue.

The Board has decided to remand the case for a medical opinion regarding whether the Veteran's obstructive sleep apnea is related to service, including due to presumed exposure to herbicide agents during service, and if it is proximately due to his service-connected diabetes.

The Veteran's headaches are found to have begun during service and continue today, granting service connection.,Service connection for a right knee disability was granted in July 2022, thus dismissing the appeal on this issue.,While hypertension is currently present, there is no evidence it began during service or is related to an in-service injury or disease. The claim is denied.,The Veteran's diabetes mellitus and diabetic retinopathy are found to be at least as likely as not related to service, granting service connection for these conditions.,Service connection for a bilateral eye condition secondary to diabetes mellitus is granted.,A right-hand disability is found to have begun during service, granting service connection.,Obstructive sleep apnea is found to have had its onset during service and is related to snoring issues that began in service. Service connection is granted.

The Board has found the most recent VA examination inadequate and remanded for additional opinion to address both secondary causation and aggravation of sleep apnea, as well as any direct service connection.

The Board has determined that the Veteran's sleep disturbance, other than sleep apnea (which she does not claim), is caused by her service-connected right shoulder disability. Therefore, the claim for secondary service connection for this condition is granted.

The Veteran's lumbosacral strain, degenerative arthritis of the spine, and intervertebral disc syndrome were rated at 40 percent from October 5, 2016 to December 17, 2019.,Since December 18, 2019, a rating in excess of 40 percent for these conditions has not been granted.

The Veteran's OSA and hypertension are granted, but his GERD symptoms need further evaluation by a VA examiner.

The Board has decided to remand the case due to a duty to assist error in evaluating the Veteran's service-connected degenerative arthritis of the spine and lumbosacral strain. A new VA opinion is needed to consider the ameliorative effects of medication on the disability.

The Veteran's appeal for service connection for residuals of a head injury and sleep apnea is being remanded due to the need for additional medical opinions. His acquired psychiatric condition remains at 50% since October 18, 2019.

The Board has remanded the claims for service connection for atrial fibrillation and obstructive sleep apnea, finding that an adequate VA examination was not provided.