Sleep apnea decisions — 2022

The Veteran's claims for service connection for obstructive sleep apnea (OSA) and a respiratory disability other than OSA are being remanded due to the need for additional examinations and consideration of the Veteran's reported symptoms and medical records.

The Board has granted service connection for the Veteran's lumbosacral strain, finding that it is related to an injury sustained during INACDUTRA. The disability was not incurred or aggravated by a service-connected condition.

The Board has determined that the Veteran's sleep apnea is proximately due to or aggravated by his service-connected PTSD and chronic fatigue syndrome, thus granting service connection for sleep apnea.

The Veteran's claims for service connection have been remanded due to incomplete STRs and the need for additional medical examinations. The issues include left and right Achilles tendon disabilities, sleep apnea, facial skin disability (secondary to sleep apnea), GERD, respiratory disability, and leukopenia.

The Board has determined that another remand is necessary to obtain a medical opinion regarding the etiology of the Veteran's current spinal disabilities, including lumbosacral, dorsal/thoracic, and cervical spine issues. The claim will be returned for further development.

The Veteran's service-connected lumbosacral strain with IVDS and spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are rated at 40 percent. The appeal is granted for TDIU based on these conditions.

The Veteran's deviated septum, obstructive sleep apnea (as secondary to service-connected rhinitis), and vasomotor rhinitis are all granted. The Veteran is also awarded a 30% disability rating for his service-connected vasomotor rhinitis.

The Board has granted service connection for both sleep apnea and hypertension, finding that these conditions are secondary to the Veteran's service-connected sinusitis and now service-connected sleep apnea respectively. The decision is based on a finding of equipoise in the evidence.

The Veteran's left knee ACL injury is not related to service, and the Board denied service connection for this condition.,The Veteran's right foot calcaneal heel spur, bilateral pes planus, plantar fasciitis, and degenerative arthritis are rated at 50 percent since February 24, 2021. The Veteran is seeking an earlier effective date and higher rating.,Service connection for diabetes mellitus type II was denied due to lack of clear finding regarding the Veteran's time in service.,Service connection for enlarged thyroid, goiter was not established as there are no indications of a diagnosis during service or related to service.,Service connection for sleep apnea is not supported by evidence and was denied.,Service connection for rosacea (claimed previously as red nose) is not supported by evidence and was denied.

The Veteran's appeal is remanded due to the need for additional VA examinations to assess the current nature and severity of his service-connected disabilities, including residuals of CVA, back pain, and right lower extremity radiculopathy. The appeals for service connection are also remanded as there was insufficient evidence in the record regarding the relationship between the Veteran's claimed conditions and his service-connected CVA.

The Board has decided to remand the cases for further development due to inconsistencies in the severity assessments of rosacea and basal cell carcinoma.

The Veteran has withdrawn all his appeals regarding the service connection claims for right shoulder disability, left knee disability, right knee disability, and obstructive sleep apnea. The increased rating claims for left shoulder disability and left shoulder scars have also been dismissed.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to her military service.

The Board has granted service connection for obstructive sleep apnea. The case is remanded for further examination and opinion regarding the Veteran's left elbow condition.

The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions do not render it impossible for her to obtain or follow a substantially gainful occupation.

The Board has decided to remand the case due to inadequate development of evidence for the claim of service connection for sleep apnea. The Veteran's obstructive sleep apnea is related to his service, and it is at least as likely as not proximately due to his service-connected posttraumatic stress disorder.

The Veteran's tinnitus is granted as service-connected.,The appeal for sleep apnea has been rendered moot by the grant of service connection in a previous decision.,Initial disability ratings for left and right ankle disabilities are remanded due to lack of adequate medical examination addressing functional loss during flare-ups and repetitive use over time.,Service connection for residuals from nerve agent exposure is remanded as there is insufficient evidence regarding the etiology of these conditions.,Service connection for lumbar spine disability, secondary to service-connected bilateral ankle disabilities and acquired PTSD, is remanded due to lack of a medical opinion addressing causation or aggravation by service-connected disabilities.,Service connection for obesity (as an intermediate factor leading to back condition) is not addressed in the decision.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person to perform personal care functions of everyday living or to protect himself from hazards and dangerous incidents.

The Veteran's claim for service connection for a lumbosacral strain was granted with an effective date of May 19, 2021. The Board found in favor of the Veteran and granted this earlier effective date.

The Veteran's sleep apnea is remanded for a VA examination to determine if it began during service or is related to her PTSD, and whether it is proximately due to or aggravated by her service-connected PTSD.