Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination opinions and outstanding VA treatment records.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's Obstructive Sleep Apnea (OSA) and its relationship to service-connected conditions. The case will be returned for further examination and opinion.

The Veteran's low back disability is rated at 20% from December 19, 2019 to August 19, 2022 and at 40% since then. The right and left lower extremity radiculopathy are also rated at 40%. These ratings are denied.

The Board found that the reduction in disability rating for bilateral hearing loss from 50% to 40% was proper, as there was actual improvement demonstrated by a contemporaneous VA examination. The reduction of the lumbar spine disability rating from 40% to 20% was not proper due to lack of evidence showing sustained material improvement under ordinary conditions of life and work.

The Veteran's prostate cancer was granted service connection effective October 27, 2020.,Service connection for lumbosacral strain degenerative disc disease, intervertebral disc syndrome, and degenerative arthritis with spinal stenosis was granted effective December 30, 2016. The Veteran's radiculopathy of the right lower extremity (sciatic nerve) and left lower extremity (sciatic nerve), as well as his radiculopathy of the right lower extremity (femoral nerve) and left lower extremity (femoral nerve), were all granted service connection effective December 30, 2016.,The Veteran's prostate cancer is rated at 100% since October 27, 2020.

The Board has remanded the cases for additional development to determine if there is a relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD, as well as to readjudicate the TDIU claim after resolving the service connection issue.

The Board has remanded the claim for a disability rating in excess of 30 percent for depression associated with recurrent lumbosacral strain due to further examination and readjudication.

The Veteran's appeal to reopen service connection for an acquired psychiatric disorder, including depression and anxiety, has been granted.,Service connection for chronic fatigue syndrome was denied due to lack of new and material evidence.

The Board has granted service connection for sleep apnea and a right knee disorder, finding that these conditions are related to the Veteran's service-connected back disability. The appeal regarding a higher rating for mental disability is dismissed.

Service connection for Posttraumatic Stress Disorder (PTSD) is granted. Service connection for Sleep Apnea, to include as secondary to service-connected PTSD, is remanded.

The Board has remanded the Veteran's claim for obstructive sleep apnea, to include as secondary to service-connected sarcoidosis, due to insufficient development of evidence and failure to address whether VA satisfied its duty to assist in obtaining the Veteran's separation examination.

The Board has determined that an earlier effective date for the increased evaluation of the Veteran's service-connected lumbar spine disability is not warranted. The issues of service connection for obstructive sleep apnea and hypertension are remanded due to insufficient evidence.

The Veteran's appeal for a higher rating for PTSD and service connection for obstructive sleep apnea, which was secondary to his PTSD, were both denied. The Board found that the Veteran's PTSD did not meet the criteria for a higher disability rating of 70 percent, and there was insufficient evidence linking the current obstructive sleep apnea to service or its onset.

The Veteran's appeal is REMANDED for further action on his claims of service connection for a left shoulder disorder and sleep apnea. The Board has not made a determination regarding the merits of these issues.

The Board has decided to remand the case due to the need for additional development regarding the severity of the Veteran's service-connected sleep apnea.

The Board has remanded the case due to the need for a new VA opinion regarding whether the Veteran's left knee disability is secondary to his service-connected right knee osteoarthritis and lumbosacral sprain, as well as whether it was caused or aggravated by these conditions. The claim will be readjudicated after obtaining this information.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence of a chronic disorder during or within one year after service, and the VA examiner found that OSA was not related to service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and bilateral hearing loss, finding that there is no evidence to support a nexus between these conditions and his military service.

The Veteran's obstructive sleep apnea is found to be at least as likely as not proximately due to or the result of his service-connected disability, specifically obesity related to his service-connected schizophrenia. Service connection for this condition is granted.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and bilateral pes planus due to insufficient medical opinions. The appellant is requested to provide private medical records related to these conditions.