Sleep apnea decisions — 2022

The Board has remanded the claims for service connection for low back disability, sleep apnea, and an acquired psychiatric disorder due to inadequate development of evidence.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no confirmed diagnosis of OSA and the evidence does not support a finding that it was caused or aggravated by military service.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective June 28, 2022.,Service connection for left and right lower extremity radiculopathies secondary to the Veteran's lumbosacral strain was granted effective April 22, 2013.

The Board has remanded the case due to deficiencies in the etiology opinions provided. The AOJ is instructed to secure an addendum opinion addressing whether the Veteran's service-connected disabilities caused or aggravated his obesity, which contributed to his sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a nexus between his current condition and his period of active service or any service-connected disability.

The Board has granted service connection for vitiligo. The Veteran's OSA, GERD, BXO, and headaches are remanded due to incomplete development of the record.

The Veteran's appeals for service connection on the merits have been dismissed due to withdrawal. The Board has remanded several issues for further examination and opinion.

The Board has remanded several claims for further development, including obtaining missing VA medical records and scheduling additional examinations. The TDIU issue is inextricably intertwined with the remaining claims.

The Veteran's service connection claim for obstructive sleep apnea is denied as there is no evidence of a current disability that began during active service or is otherwise related to active service.,Service connection for fluid retention, to include edema and intermittent claudication of the bilateral lower extremities, is granted. The Veteran's condition is considered secondary to his service-connected hypertension.

The Board denied the Veteran's claim for service connection of retinitis pigmentosa, finding that it did not have its onset during his active service and is not otherwise etiologically related to such service.

The Veteran's lumbosacral strain with arthritis and osteoporosis is currently rated at 20 percent, but the Board found that it does not warrant a higher rating as his range of motion did not meet criteria for a higher rating.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the current assigned ratings are appropriate.

The Board has granted service connection for a left wrist disability as secondary to the Veteran's service-connected left shoulder impingement syndrome. The claims of service connection for cervical spine, lumbar spine, and obstructive sleep apnea disabilities are remanded.

The Veteran withdrew his appeal for an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis and scoliosis, which was initially granted in August 2020.

The Veteran's service-connected disabilities, including PTSD and TBI, have rendered him unable to secure or follow a substantially gainful occupation since September 28, 2021.

The Veteran's appeal for service connection for sleep apnea and total disability based on individual unemployability was timely filed, resulting in the grant of these claims.

The Board dismissed the appeal regarding service connection for sleep apnea due to the appellant's representative withdrawing the issue at a hearing.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, but needs further clarification on whether it is secondary or aggravated by the use of medication for PTSD.

The Board has determined that the Veteran's sleep apnea is likely to have started during his military service and granted service connection for this condition.

The Veteran's ratings for Degenerative Joint Disease of the Lumbosacral Spine, Left Arm Traumatic Brachial Plexopathy, and Right Lower Extremity Lumbar Radiculopathy were restored. Service connection was also restored for these conditions.