Sleep apnea decisions — 2022

The Board has denied service connection for obstructive sleep apnea and remanded the issues of service connection for chronic venous insufficiency (claimed as a 'bilateral leg condition') and a bilateral foot disability (claimed as 'bilateral foot problems'), both secondary to service-connected diabetes mellitus type II and peripheral neuropathy.

The Veteran's lumbosacral degenerative arthritis with lumbar spasm and IVDS is rated at 40 percent prior to June 5, 2014, and the Board has remanded this issue for further development.,The Veteran's left lower extremity sciatica is rated at 10 percent. The Board has also remanded this issue for further development.,The Veteran's right lower extremity sciatica prior to June 5, 2014 and bladder impairment associated with lumbosacral degenerative arthritis are both remanded for further development.

The Board has determined that the VA medical opinions obtained in August and October 2022 are inadequate to adjudicate the claim on appeal. The Veteran's sleep apnea is remanded for further development.

The Board denied the Veteran's claim for service connection for lumbar spine disability, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that continuity of symptomatology had not been established and that the current disability is not otherwise etiologically related to an in-service injury or disease.

The Board has remanded the case due to insufficient consideration of lay evidence regarding the Veteran's sleep problems in service and since then. The examiner is requested to provide an opinion on whether OSA was caused by a disease or injury in service, or if it is aggravated by any service-connected disability.

The Veteran's claim for payment of full VA disability compensation benefits while incarcerated is denied due to his incarceration for a felony conviction, which disqualifies him from receiving higher compensation rates.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was denied as the weight of evidence does not support a finding that his current OSA began during or was caused by U.S. Navy service.,For the period from April 30, 2018 to May 7, 2019, the Veteran's claim for an increased rating for left knee disability (limitation of extension) was denied as there is no evidence showing that his knee extension was limited to 10 degrees or more during this time period.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service or caused by his service-connected disabilities, including through an obesity link.

The Board has granted service connection for sleep apnea, finding that the Veteran's service-connected psychiatric disability caused his obesity and subsequent sleep apnea. The lumbar spine and bilateral foot disabilities are denied as not related to service.

The Board has decided to remand the case due to insufficient medical opinions regarding direct service connection for OSA and secondary service connection with obesity potentially serving as an intermediary between service-connected disabilities and the claimed disability of OSA.

The Board has determined that there was a duty to assist error prior to the November 2021 rating decision on appeal and remanded for an addendum opinion regarding the Veteran's service connection claim for obstructive sleep apnea (OSA).

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature of his heart condition, PTSD, asthma, and sleep apnea, as well as their relationship to service. The hearing loss claim remains denied.

The Board has decided to remand the case due to errors in obtaining and considering evidence, particularly regarding the Veteran's National Guard records and his statements about when he first experienced symptoms.

The Veteran's asbestosis is granted due to in-service asbestos exposure.,Service connection for lumbosacral strain with intervertebral disc syndrome, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.

The Board has remanded the case due to insufficient rationale in a previous VA examination and opinion regarding whether sleep apnea is proximately caused or aggravated by service-connected deviated nasal septum.

The Veteran's claims are being remanded for further development, including scheduling an examination to assess the severity of his left forearm scar and issuing a Statement of the Case (SOC) addressing all issues on appeal.

The Veteran's hypertension is granted as service-connected. The claims for atrial fibrillation and sleep apnea are remanded due to a duty-to-assist error.

The Veteran's claims for higher ratings on multiple service-connected conditions are being remanded to the RO/AMC for further development and consideration.,Issues include scars of the left abdomen, scar of the posterior trunk (back), residuals status post gunshot wound to the abdomen, residuals status post gunshot wound to the lower back, PTSD, tinnitus, lumbosacral strain, and left lower extremity radiculopathy.

The Veteran's sleep apnea is granted as service connected.,The Veteran's sinus bradycardia, left ventricular hypertrophy, and diastolic dysfunction are granted as secondary to service-connected hypertension.