Sleep apnea decisions — 2022

The Veteran's low back disability and bilateral lower extremity sciatic radiculopathy were granted increased ratings of 20% each, effective March 31, 2022. The Veteran's low back disability was rated at 40%, but no higher, prior to March 31, 2022.

The Veteran's claim for service connection for obstructive sleep apnea, which was secondary to service-connected diabetes mellitus, type II, coronary artery disease (CAD), and posttraumatic stress disorder (PTSD), has been dismissed due to the death of the Veteran.

The Veteran's tinnitus has been granted service connection. Service connection for bilateral hearing loss, a psychiatric disability, and sleep apnea is remanded.

The Veteran's sleep apnea is granted as service connected. The ratings for her knee and ankle disabilities are remanded due to inadequate examination findings.

An initial rating of 50 percent for PTSD is granted prior to June 24, 2020.,The claim of service connection for a right ankle disorder is reopened and the appeal is granted to this extent only.,Service connection for GERD is granted.,The appeal is remanded for further evaluation on the issue of service connection for a neck disorder.,The appeal is remanded for further evaluation on the issue of service connection for obstructive sleep apnea.

The Board has determined that there was not substantial compliance with its prior remand directives and has therefore ordered a new VA examination to address the Veteran's claims for service connection for obstructive sleep apnea (OSA). The examiner must provide opinions regarding whether OSA is related to military service, caused by or aggravated by service-connected disabilities.

The Board has remanded the Veteran's claims for a chronic sleep disorder and hepatitis C due to incomplete service treatment records. The Veteran's back condition claim is denied as there is no evidence of in-service injury or disease related to his current condition.

The Board has remanded the claims for additional development due to conflicting medical opinions and lack of contemporaneous treatment records.

The Board denied service connection for central sleep apnea as there is no evidence of an in-service onset or relationship to service, and the Veteran's symptoms were not indicative of central sleep apnea.

The Board has remanded the issues of an initial compensable rating for PFB, service connection for a chronic low back disorder, service connection for degenerative joint disease of the left ankle, service connection for chronic cardiovascular disease, and service connection for obstructive sleep apnea (OSA).

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset during active duty and is not related to his service-connected asthma.

The Veteran's surviving spouse withdrew her appeals for service connection for tinnitus, hypertension, aortic valvular disease, and sleep apnea.

The Veteran's TDIU claim from October 14, 2009 to March 29, 2010 is moot due to his combined 100% disability rating.,The Veteran's TDIU prior to October 14, 2009 remains on appeal and requires extraschedular consideration.

The Board has determined that additional evidence is needed to determine the existence and etiology of several service-connected conditions, including hypertension, left knee disorder, aching joints, tinnitus, skeletal arthritis of the entire joint system, left elbow disorder, bilateral eye disorder (including sensitivity to light), right knee disorder, bilateral hip disorder, low back disorder, bilateral hearing loss, sleep apnea, an acquired psychiatric disorder (including PTSD and bipolar disorder), right elbow disorder, and headache disorder. The Veteran's claims are being remanded for further development.

The Board has determined that there was not substantial compliance with the remand directives and thus, the appeal must be remanded once again. The Veteran's claim for service connection for sleep apnea is being remanded due to insufficient examination.

The Veteran's claim for service connection for a left wrist condition has been reopened, but the appeal is still pending. The VA is required to obtain an opinion on whether his sleep apnea is related to or aggravated by his service-connected allergic rhinitis and if he has any current skin condition. Additionally, the VA must provide examinations for his left wrist condition and lower back condition.

The Veteran's appeal for an increased initial rating for PTSD and persistent depressive disorder has been withdrawn. The claims of service connection for a bilateral foot disorder, right ankle disability, lumbosacral spine disability, and radiculopathy of the right lower extremity are remanded.

The Veteran's claim for service connection for PTSD, tinnitus, and sleep apnea has been reopened. Service connection is granted for tinnitus but denied for PTSD and sleep apnea.

The Board denied service connection for neck pain, diagnosed as arthritis of the cervical spine and OSA. The evidence did not establish a direct relationship to service or a service-connected condition.

The Veteran's sleep apnea and migraines have been granted service connection, with a 10% rating for allergic rhinitis effective February 22, 2022.