Sleep apnea decisions — 2022

The Veteran's claim for an earlier effective date for service connection for stable angina was denied as there was no formal or informal claim filed before December 16, 2019.,The Veteran's claims for bilateral hearing loss disabilities were not readjudicated because new and relevant evidence had not been received within the required timeframe.,Service connection for mixed sleep apnea and GERD secondary to PTSD was granted.,Service connection for squamous cell carcinoma of the abdomen and its residuals, related to herbicide exposure in Vietnam, was granted.

The Veteran's service-connected lower back disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record. The Veteran’s range of motion does not meet the criteria for a higher rating under Diagnostic Code 5237.

The Board has granted the readjudication of previously denied claims for service connection for lumbosacral degenerative disc disease, cervical strain, and COPD. The issues have been remanded for additional examinations to determine the etiology of these conditions.

The Board has denied service connection for a lumbar spine disability, PCOS, and vasovagal syncope. The Veteran's claims were not supported by the evidence of record.,There is no direct evidence linking these conditions to active duty service.

The Veteran's claims for left knee, right knee, and right foot disabilities are denied as there is no evidence of a current disability or link to service.,The Veteran's claim for lumbar spine disability is denied as there is no evidence of a current disability or link to service.

The Veteran's claims for sinusitis and sleep apnea have been granted. For PTSD, the Veteran has received a 50% rating prior to November 26, 2019, and a 70% rating beginning from that date.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's obstructive sleep apnea and its relationship to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection for sleep apnea, sinusitis, and colitis due to potential gaps in evidence. The Veteran is not shown to have a current diagnosis of these conditions during his active duty.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected Parkinson's disease.,There is no evidence of a cardiovascular disorder in the record, and therefore, service connection for this condition is denied.

The Board has found that there was not substantial compliance with the August 2021 remand directives and has therefore ordered a new VA examination to assess the severity of the Veteran's low back disability, as well as additional retrospective opinions. The TDIU claim is also being remanded due to its inextricability from the low back disability claim.

The Board has remanded the claims for sleep apnea and a psychiatric disorder due to inadequate examination reports. The Veteran is seeking service connection for these conditions, with some related to exposure at Camp Lejeune.

The Board has remanded the case for further development due to additional evidence received since the January 2021 Supplemental Statement of the Case.

The Board has remanded the claims for service connection due to insufficient medical opinions and further development is needed.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the etiology of the Veteran's left knee condition, back condition, and obstructive sleep apnea. The claims are not granted as there is no evidence that these conditions were incurred in service.

The Board has decided to remand the case due to the need for an adequate VA examination with medical opinion and rationale, as well as relevant consent forms. The Veteran contends that he is entitled to compensation under 38 U.S.C. § 1151 for dermatofibrosarcoma protuberans because a VA Medical Center failed to afford him appropriate care, which caused his condition to worsen.

The Board has denied the Veteran's claims for service connection for lumbar spine, right leg, left leg, and psychiatric disabilities. The issues of service connection for recurrent sleep disability (obstructive sleep apnea) and thyroid disability have been remanded.

The Board has granted the Veteran's claims for service connection for a back disability, including intervertebral disc disorder and lumbosacral spondylosis, as well as secondary service connection for radiculopathy of the left lower extremity.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for gastrointestinal, sleep apnea, fatigue, and involuntary leg/arm movements during sleep disabilities. The issues are being remanded to obtain new opinions addressing both direct and secondary service connection theories.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is related to his service-connected TMJ. The Veteran needs a new examination and opinion on this issue.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea, finding that his service-connected coronary artery disease caused him to become obese, which was a substantial factor in causing his OSA. The appeal is based on secondary service connection due to obesity as an intermediary step.