Sleep apnea decisions — 2022

The Board has remanded the claims of service connection for right knee disability, left knee disability, hypertension, and obstructive sleep apnea due to potential in-service injuries or exposure.

The Veteran's right ankle disability is granted. The Veteran's right sciatic nerve disability for the period prior to September 6, 2016 is denied. The Veteran's right sciatic nerve disability for the period beginning September 6, 2016 is granted with a 40% evaluation. The Veteran's initial evaluations in excess of 20 percent for his right anterior crural (femoral) and left anterior crural (femoral) nerves are denied. The Veteran's initial evaluations in excess of 10 percent for his left sciatic nerve disability prior to December 19, 2019 is granted with a 20% evaluation. The Veteran's initial evaluations in excess of 20 percent for his left anterior crural (femoral) nerves beginning December 19, 2019 are denied.

The Board has remanded the Veteran's claims for chronic fatigue and sleep apnea due to conflicting opinions on the etiology of his symptoms. The Veteran is seeking service connection for both conditions, but it remains unclear whether his fatigue is related to his now-service-connected sleep apnea or a separate condition.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and fibromyalgia due to non-compliance with prior remand directives. The RO is required to obtain addendum VA medical opinions addressing the nature and etiology of the Veteran's obstructive sleep apnea and fibromyalgia.

The Veteran's obstructive sleep apnea is related to his military service, and the Board has granted service connection for this condition.

The Board has granted service connection for a lumbar spine disorder and is remanding the issue of service connection for a left knee disorder.

The Board has denied service connection for COPD and OSA, finding that the conditions are not related to service or a service-connected disability.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current disability is at least as likely related to his active service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is related to symptoms he experienced during his military service.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient evidence regarding in-service stressors and other factors. The issues include PTSD, an acquired psychiatric disorder (other than PTSD), sleep apnea, and a perforated left ear drum.

The Board has decided to remand the case due to new evidence received after a previous denial of service connection for sleep apnea. The Veteran needs to be examined by VA to determine if his current condition is related to his military service.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Board found that the Veteran's sleep apnea was not caused by or incurred in service, and therefore denied his claim for service connection.

The Board denied service connection for the Veteran's claimed back disability, right hip disability, sleep apnea, and right hand scar as there was no evidence of their onset in service or within one year following discharge. The Board found that arthritis of the spine or hip did not manifest to a compensable degree within one year of discharge.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is proximately caused or aggravated by his service-connected PTSD.

The Veteran's TDIU claim was denied as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. The increased rating claims for hip and knee conditions were remanded due to insufficient information regarding the range of motion estimates after repeated use over time and flareups.

The Veteran's appeal for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been dismissed because the Veteran withdrew the appeal in writing before a decision was made.

The Board has dismissed the Veteran's claims for service connection for tooth condition, sleep apnea, bilateral hearing loss, gout, sinus condition, and dental abscesses. The remaining issues of service connection for alcohol abuse with drug abuse (secondary to PTSD), stomach condition (secondary to service-connected disabilities), and a compensable rating for TBI are remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is related to service, including his reported in-service symptoms of daytime tiredness and frequent awakenings. The Veteran will need to provide updated VA treatment records and may be scheduled for an examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) secondary to his service-connected major depressive disorder. However, it denied the Veteran's claim for service connection for bilateral hearing loss.