Sleep apnea decisions — 2022

The Board has remanded the issues of service connection for migraine headaches, sinusitis, sleep apnea, bilateral knee disability, and neck disability due to the Veteran's contention that these conditions are related to his military service.

The Board has decided to remand the Veteran's claims for service connection for migraine headaches and obstructive sleep apnea as secondary to his service-connected acquired psychiatric disorder due to potential errors in duty-to-assist.

The Veteran's claims for an earlier effective date for service connection and SMC have been remanded due to the need for additional development.,An initial rating in excess of 10 percent for CAD prior to October 15, 2019, is also being remanded.

The Veteran's claims for increased ratings and service connection were denied. The rating in excess of 50 percent for PTSD prior to August 30, 2019, was denied. A compensable rating for bilateral hearing loss was also denied.

The Board has determined that further development is needed to address the Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected PTSD. The case will be returned to the AOJ for this purpose.

The Board has remanded the cases due to insufficient medical opinions regarding service connection for left knee disability, feet issues, and sleep apnea. The Veteran's representative also raised a concern about potential secondary service connection of sleep apnea to PTSD.

The Board has granted service connection for Obstructive Sleep Apnea and remanded the issue of a compensable rating for Arthralgia of Multiple Joints.

The Board has determined that a remand is necessary to determine the nature and etiology of the Veteran's tinnitus and sleep apnea, as well as whether his service-connected asthma or deviated nasal septum may have contributed to his sleep apnea. The examination should address these theories of entitlement.

The Board denied service connection for COPD, OSA, and diabetes mellitus type II as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's claims for service connection for lumbosacral strain and obstructive sleep apnea have been remanded due to the receipt of new evidence. The Board found that the Veteran had submitted new and material evidence, thus reopening his claim for lumbosacral strain. However, both issues are being remanded as there is additional evidence not yet considered.

The Board has granted service connection for a left eye disorder, including dry eye syndrome and keratosis, and obstructive sleep apnea. The evidence supports the finding that these conditions are related to active service.

The Veteran withdrew his appeal for service connection for diabetes mellitus type 2 and sleep apnea, so the case is dismissed.

The Board has remanded the case due to a lack of medical opinion recognizing sleep apnea in service, and now needs an addendum VA opinion to determine if current sleep apnea is related to military service.

The Board dismissed the claim for service connection for lumbosacral strain because it was fully granted in an August 2020 rating decision. The Board also granted service connection for right lower extremity radiculopathy and left lower extremity radiculopathy as due to lumbosacral strain.

The Board has remanded the claims for higher evaluations for lumbosacral strain, left and right lower extremity radiculopathy due to inadequate examinations and incomplete treatment records. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is related to his service, including as a result of obesity that began during service.

The Veteran's respiratory disability, including COPD, emphysema, asthma, obstructive sleep apnea, and sarcoidosis, was rated at 10 percent prior to June 4, 2010. From June 4, 2010, to August 28, 2014, the rating was increased to 30 percent. Since August 29, 2014, a 100 percent initial rating has been granted due to episodes of acute respiratory failure.

The Veteran's claims for service connection for bilateral knee disability and obstructive sleep apnea have been denied as there is no evidence of a current disability or in-service event that would support the claims.

The Board has remanded three issues: entitlement to separate compensation for shortness of breath and rib pain associated with service-connected pleural fibrosis, as well as the issue of total disability due to individual unemployability (TDIU). The Veteran's respiratory conditions are currently rated at 50 percent combined. Additional development is needed to address the relationship between the Veteran's symptoms and his service-connected conditions, as well as to determine whether he is unemployable.

The Board has determined that all claims for service connection are remanded due to the need for additional medical opinions regarding the etiology of the Veteran's claimed conditions.