Sleep apnea decisions — 2022

The Veteran's claims for service connection have been granted for his right hip degenerative joint disease and bursitis, left knee degenerative joint disease, and OSA. The appeals for asthma, rhinitis, right knee disorder, sinusitis, and right ankle disorder are dismissed as the benefits sought have already been granted.

The Veteran's PTSD is rated at 70 percent, effective December 23, 2020. The appeal for a higher rating prior to that date remains pending.

The Board denied service connection for depression, diabetes mellitus type II, glaucoma, and sleep apnea. Service connection was also remanded for tinnitus and bilateral hearing loss.

The Board has granted service connection for dermatitis but denied service connection for rosacea. Dermatitis was incurred during active service, while there is no indication that rosacea manifested during service and is related to it.

The Board has remanded the claims for additional development due to inadequate opinions in previous VA examinations. The Veteran asserts that his sleep apnea, diabetes mellitus type II, and hypertension are related to his Gulf War service exposure.

The claim for service connection for sleep apnea, to include as secondary to PTSD, is denied. The claims for skin disorder and tingling in both hands are remanded due to the need for additional medical opinions regarding their etiology. The claim for left knee condition is also remanded.

The Board has decided to remand the cases of service connection for low back disorder, left lower extremity disorder (sciatica), COPD, and sleep apnea due to the need for additional medical examinations.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are related to in-service noise exposure. Service connection was denied for obstructive sleep apnea due to lack of evidence linking it to service.

The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.

The Board has remanded the Veteran's claims for service connection for anemia and sleep apnea due to insufficient evidence regarding the examinations conducted. The VA is required to obtain any relevant treatment records, including those scanned into their imaging system.

The Board has determined that the current medical opinion is inadequate and a new one must be obtained to determine if the Veteran's sleep apnea had its onset during service or was caused by their service-connected psychiatric disorder.

The Board denied service connection for a bilateral toenail condition, skin condition, and sleep apnea as there is no current disability or evidence of in-service injury or disease.,There are no records showing any current disabilities related to the Veteran's claimed conditions.

The Board has determined that the claim for service connection for cause of death is remanded due to new and relevant evidence. The VA will readjudicate this issue in the first instance, taking into consideration all of the evidence of record within the applicable period.

VA correctly calculated and paid retroactive compensation benefits to the Veteran for the period from November 2020 through May 2022, but denied additional retroactive payments as no VA compensation benefits were withheld beginning June 1, 2022.

The Board has granted the Veteran's claims for service connection for OSA, PTSD, and major depressive disorder as secondary to his service-connected conditions. The claim for service connection for BHL was denied due to insufficient evidence of hearing loss meeting VA disability compensation criteria.

The Veteran's claim for service connection for sleep apnea has been granted due to the submission of new and relevant evidence since the April 2020 rating decision.

The Veteran's service-connected disabilities, including cardiomyopathy and right lower extremity conditions, result in the loss or use of one lower extremity, requiring assistance with locomotion. The Board grants entitlement to specially adapted housing but dismisses the claim for a special home adaptation grant.

The Board has determined that a remand is necessary due to the inadequacy of the VA examiner's opinion regarding the relationship between the Veteran's service-connected coronary artery disease and his obstructive sleep apnea. The case will be returned for further examination.

The Veteran withdrew his appeal to reopen the claim for service connection of obstructive sleep apnea based on new and relevant evidence.

The Veteran's GERD and OSA are not related to service, and were not caused or aggravated by his service-connected conditions.,The Veteran's bilateral foot disability is not related to service, and was not caused or aggravated by his service-connected right foot fourth metatarsal fracture.