Sleep apnea decisions — 2022

The Board has remanded the claims for diabetes mellitus type II and related peripheral neuropathy, spinal fusion, bilateral eye disability (blindness and diabetic retinopathy), and sleep apnea due to inadequate compliance with previous remand directives. The claims are inextricably intertwined as resolution of one may impact another.

The Board has remanded the case due to new evidence received since the August 2020 Supplemental Statement of the Case, and for clarification on whether sleep apnea was aggravated by service-connected allergic rhinitis with chronic sinusitis.

The Board has determined that additional development is needed to determine the etiology of the Veteran's sleep apnea, including whether it is related to service or aggravated by his service-connected conditions.

The Board has remanded the case due to insufficient opinions regarding the potential secondary service connection for obstructive sleep apnea. The AOJ must secure an addendum opinion addressing the relationship between tinnitus, PTSD, and obstructive sleep apnea.

The Board has decided to remand the case due to inadequate addressing of a theory discussed in Walsh v. Wilkie, where obesity can serve as an intermediate step between a service-connected disability and a claimed disability in the context of secondary service connection.

The Veteran's claim for a disability rating of 10 percent, but no higher, for service-connected PFB is granted from August 23, 2010 to March 5, 2020.,The Veteran's claim for a disability rating in excess of 10 percent for service-connected PFB is denied.

The Board has denied the Veteran's claims of service connection for obstructive sleep apnea, right foot degenerative arthritis, and left foot disorder. The evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active-duty service and has granted service connection for this condition.

The Board has ordered the RO to obtain any outstanding VA treatment records, including those scanned into VistA Imaging. The Veteran's claim for service connection for obstructive sleep apnea is remanded due to incomplete record.

The Board denied service connection for the Veteran's low back disability and cervical spine arthritis, finding that there was no evidence of a chronic disease during service or within one year post-service. The current disabilities are not related to service.

The Board has remanded the case to obtain a new VA examination and opinion regarding whether the Veteran's obstructive sleep apnea is related to his service, specifically his PTSD. The examiner should address whether the condition was incurred in service, caused by or aggravated by PTSD, or caused or aggravated by weight gain resulting from PTSD.

The Board has remanded the Veteran's claims due to insufficient development and compliance with prior remand instructions.

Service connection granted for a skin disorder other than psoriasis and skin cancer, but denied for left knee, right knee, bilateral ear, and sinus disorders. Service connection is also denied for skin cancer and left hip disorder.

The Board has remanded the claims for service connection for sleep apnea, sinusitis, and an autoimmune condition (claimed as fibromyalgia) due to insufficient medical opinions regarding their etiology.

The Board denied service connection for obstructive sleep apnea as secondary to the service-connected gastrointestinal disorder and denied an increased disability rating for hiatal hernia with GERD and Barrett's esophagitis.

The Board has remanded the claims for service connection for sleep apnea and migraine headaches as secondary to PTSD with unspecified depressive disorder due to inadequate medical opinions addressing causation and aggravation.

The Board has determined that the Veteran's Obstructive Sleep Apnea is at least as likely as not caused or aggravated by his service-connected conditions, considering obesity as an intermediate step.

The Veteran's right knee strain is currently rated at 10 percent, and a separate 20 percent rating for instability has been granted. The lumbosacral strain associated with the left ankle sprain remains at 20 percent, while the chronic left ankle sprain receives a 20 percent evaluation.

The Board has remanded the cases for further development and opinion regarding the etiology of the Veteran's asthma, OSA, and urinary disorder. The claims are not currently decided.

The Veteran's service connection claims for sleep apnea and nasal disability, to include sinusitis and/or allergic rhinitis, have been granted.,Other service connection claims are being remanded due to lack of substantial compliance with previous Board directives.