Sleep apnea decisions — 2022

The Board has remanded the claims for diabetes mellitus type II, hypertension, erectile dysfunction as secondary to diabetes mellitus type II, and obstructive sleep apnea as secondary to diabetes mellitus type II due to concerns about exposure to chemicals during service.

The Board has decided to remand the case due to inadequate examination for lumbosacral strain and a need for additional private treatment records. The issues of rating and reduction are also on appeal.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his lumbar spine and lower extremity radiculopathy have been granted. The Veteran now receives a disability rating of 50 percent for each affected joint from September 9, 2020.

The Board has granted service connection for fatigue secondary to service-connected obstructive sleep apnea and posttraumatic stress disorder, finding that the evidence is at least evenly balanced as to whether the Veteran's fatigue results in impairment in earning capacity and is caused by his service-connected OSA and PTSD.

The Veteran withdrew all his pending appeals before the Board, including those for increased ratings and service connection claims. The appeal is dismissed.

The Board has determined that the VA examinations and development are not sufficient to make a determination on the claims for increased ratings for low back disability, bilateral lower extremity radiculopathy, and TDIU. The Veteran's lay statements suggest functional equivalent of ankylosis during flare-ups or due to repetitive use. Therefore, another remand is required.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new and relevant evidence. The Board will consider whether exposure to herbicides, other incidents of active service, or aggravation of a pre-existing condition (asthma) caused or aggravated his sleep apnea.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has decided to remand the case due to an inadequate medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his service or a service-connected disability.

Service connection for COPD and OSA is granted, while service connection for CFS and Chronic Pain Condition are remanded.

The Board has granted service connection for hypertension due to herbicide exposure. However, the issue of service connection for sleep apnea is remanded as there are insufficient opinions regarding its relationship to PTSD.

The Veteran's claim for a higher rating for invertebral disc degeneration of the lumbosacral spine was denied. The claim for a 10 percent rating for radiculopathy of the right lower extremity from November 3, 2015, was granted. However, the claim for a higher rating for radiculopathy of the right lower extremity remained denied.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 30 percent, and a higher rating in excess of 30 percent is denied.

An initial disability rating of 20 percent, but no higher, for lumbosacral strain is granted prior to September 24, 2021. Separate ratings of 10 percent are granted for radiculopathy of the left and right legs associated with the lumbar spine.,Since September 24, 2021, a disability rating in excess of 20 percent for lumbosacral strain is denied.,An initial disability rating of 20 percent, but no higher, for cervical strain is granted prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 20 percent for cervical strain is denied.,Initial ratings in excess of 20 percent for peripheral neuropathy of the right and left upper extremities are denied.,An initial disability rating in excess of 30 percent for bilateral pes planus is denied prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 50 percent for bilateral pes planus is granted.,Service connection for chest pain has already been awarded as a manifestation of the Veteran's service-connected costochondritis.,The appeal for TDIU is dismissed.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a direct relationship between his active service and his current condition. The Board also found that obesity, which may be related to his service-connected disabilities, does not play a substantial role in causing his sleep apnea.

The Board has remanded the Veteran's claim for sleep apnea as secondary to his service-connected HIV due to inadequate examination and opinion provided in April 2018. The Veteran needs a new VA examination by an expert in infectious diseases, virology, or immunology.

The Board has denied service connection for low back/spine and cervical spine disabilities, finding no evidence of in-service injury or illness related to these conditions. The Veteran's current diagnoses are not linked to his military service.

The Board has dismissed the issues of entitlement to service connection for left ear hearing loss, restrictive lung disease, and an increased rating for bilateral hearing loss as moot. The issue of service connection for OSA as secondary to service-connected PTSD is remanded.

The Veteran's appeal of several service connection claims, including for tinnitus, back disability, knee disabilities, headaches, and sleep apnea, is dismissed. The Board finds that the evidence does not support a finding that any of these conditions began during or are otherwise related to service.

The Board has remanded the Veteran's claims for cervical spine disability, bilateral knee disabilities, and COPD due to herbicide exposure. The claims are not granted as there is no evidence of a service connection.