Sleep apnea decisions — 2022

The Board has granted service connection for bilateral knee disability, lumbosacral strain, and tinnitus. The Veteran's current disabilities are related to his military service.

The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for service-connected lumbosacral strain with muscle spasm (back disability) and entitlement to a total disability rating based on individual unemployability (TDIU). The remand is due to missing VA treatment records, need for retrospective medical opinions regarding the Veteran's functional ability, and potential impact of these issues on his TDIU claim.

The Veteran's sleep apnea is found to have started during service and is related to his active duty, granting the claim for service connection.

The Veteran's asthma is granted on a presumptive basis due to service in the Southwest Asia theater of operations during the Persian Gulf War. The issues for sleep apnea, left knee disability, right knee disability, left foot disability, and right foot disability are remanded as they may be related to her service-connected hypothyroidism (previously rated as Grave's disease). The Veteran's IBS and dry eye syndrome are also remanded for new examinations.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to her service-connected thoracolumbar spine disability, is remanded due to the inadequacy of the May 2022 VA opinion.

The Veteran's claims for service connection for sleep apnea and carpal tunnel syndrome were denied as there was no evidence of a relationship between the conditions and service. The Veteran's hip strains, knee instability, and osteoarthritis are also denied.

The Board has remanded the Veteran's claim for an initial rating in excess of 40 percent for his lumbar spine disability due to additional VA treatment records being submitted. The matter will be reconsidered and a new Supplemental Statement of the Case (SSOC) will be issued.

The Board has remanded several issues related to the Veteran's respiratory disability, OSA, leukopenia with multiple infections, and urinary tract infections due to incomplete medical records and inadequate VA examination opinions.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to conflicting findings on credibility and an inadequate VA examination. The Veteran will be given another chance to provide evidence and arguments, and a new addendum opinion from a clinician is needed.

The Veteran's claim for increased ratings and TDIU was denied. The Board also remanded the issue of SMC based on aid and attendance or housebound status.

The Veteran's claims for increased ratings and a separate disability rating were denied. The claim for special monthly compensation was dismissed.

The Veteran's claim for a temporary total rating based on convalescence following spinal fusion surgery is granted. The claim for a higher rating for degenerative disc disease, lumbosacral strain, which was previously rated at 20 percent, is also granted.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began in and since separation from service. The decision is based on the Veteran's lay statements of continuous symptoms and a diagnosis eight years after service.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the Veteran.

The Board has remanded the issues of entitlement to service connection for sleep apnea and ulcers of the mouth due to insufficient medical opinions regarding their etiology.

The Board has granted service connection for tinnitus and remanded the issues of service connection for left knee disability, sleep apnea, and bilateral hearing loss.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected hypothyroidism, but denied service connection for colon polyps.

The Board denied the Veteran's claim for service connection for a lumbar spine condition, finding that there was no evidence of an in-service injury or incident that led to his current disability.

The Veteran's service-connected coronary artery disease is related to his herbicide exposure, and the claim for this condition is granted. The claims for hypertension and obstructive sleep apnea are remanded as VA opinions are needed.

The Veteran's claims for earlier effective dates for lumbosacral strain with degenerative arthritis and tinnitus have been dismissed.,Readjudication of the claims for service connection for headaches, vertigo (dizziness), sleep apnea, and an acquired psychiatric disorder are warranted.