Sleep apnea decisions — 2022

The Board has decided to remand the claims for fibromyalgia, chronic fatigue syndrome, and obstructive sleep apnea due to incomplete development of the record.

The Board denied service connection for a heart disability, right lower extremity neuropathy, left lower extremity neuropathy, and obstructive sleep apnea (OSA).,There was no evidence of these conditions in service or within one year post-service. The most probative medical opinions found that the Veteran's current heart condition is not related to his service.

The Veteran's service-connected tinnitus is found to be the cause of his obstructive sleep apnea, and thus he has been granted service connection for this condition.,Similarly, his service-connected hypertension is found to be caused by his obstructive sleep apnea, leading to a grant of service connection for this condition as well.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's obstructive sleep apnea was aggravated by his service-connected cerebrovascular accident and/or hypertension.

The Veteran's tinnitus has been granted service connection. The Board finds the Veteran's claims for other disabilities are not supported by competent and credible evidence, necessitating further development.

The Board has granted an earlier effective date of February 7, 2017 for the award of service connection for right lower extremity sciatic radiculopathy. The case is remanded for further examination and opinion regarding a compensable rating for the Veteran's right knee disability and her entitlement to service connection for obstructive sleep apnea.

The Veteran's sleep apnea is granted as secondary to service-connected sinusitis. The rating for sinusitis remains at 50 percent, the maximum allowed under current criteria.

The Veteran's claims for service connection for a hematologic disorder and respiratory condition, including OSA secondary to his service-connected GERD, were denied. The Board found no current diagnosis of a hematologic disorder or respiratory condition that could be linked to the Veteran's service or service-connected conditions.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain and degenerative disc disease is being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition is not related to his military service.,The Board also denied service connection for colitis, concluding that there is no evidence linking the current condition to his military service.

The Veteran's service-connected PTSD, degenerative lumbar spondylosis, rheumatoid arthritis of the bilateral lower extremities (rhabdomyosarcoma is not a condition, but radiculopathy is attributed to it), diabetes mellitus type II, psoriasis, and hypertensive heart disease have rendered him unable to secure or follow substantially gainful employment from February 9, 2016.,The Veteran's service-connected PTSD, degenerative lumbar spondylosis, rheumatoid arthritis of the bilateral lower extremities (rhabdomyosarcoma is not a condition, but radiculopathy is attributed to it), diabetes mellitus type II, psoriasis, and hypertensive heart disease have rendered him unable to secure or follow substantially gainful employment prior to February 9, 2016.

The Veteran's lumbosacral strain was rated at 10% prior to July 29, 2020 and now at 20%. The left foot disability and the headaches and psychiatric disabilities were remanded for further development.

The Board has remanded the case for further development to address whether the Veteran's OSA is related to his military service, secondary to PTSD and/or sinusitis, or directly caused by obesity.

The appeal of the issue of entitlement to service connection for sleep apnea is dismissed.,New and material evidence has been received and the petition to reopen a claim of service connection for lumbar spine disability is granted.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to November 6, 2017.

The Board has remanded the case due to inadequate compliance with previous remands. The Veteran's obstructive sleep apnea is being remanded for further development and medical opinions regarding its etiology, secondary service connection, and aggravation by his service-connected disabilities.

The Veteran's claims for increased ratings for OSA, cervical spine DDD prior to August 30, 2018, and cervical spine DDD from August 30, 2018 onwards were denied. The Veteran was granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's sleep apnea, GERD with Barrett's esophagus, bilateral shoulder condition, and bilateral osteoarthritis of AC joints are denied as there is no evidence linking these conditions to service.,The Veteran's left bicep condition is remanded for a VA examination to determine if it is related to military service.

The Board has decided to remand the case due to a duty to assist error, but does not address whether service connection is warranted for OSA.