Sleep apnea decisions — 2022

The Board has dismissed the appeals for service connection of various conditions, including chronic fatigue syndrome, a heart disorder, angina pectoris, residuals of a ventral hernia, hepatitis, a lung disorder (atlectasis), hematochezia, gallstones, an autoimmune disorder, and a colon disorder. Service connection was granted for chronic sinusitis with allergic rhinitis.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as incurred in service.

The Veteran's appeals for service connection and earlier effective dates have been withdrawn.,The Veteran's appeals for initial disability ratings in excess of 50 percent for PTSD, gastroesophageal reflux disease with Barrett's esophagus, and sleep apnea have been remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's service-connected psychiatric disability caused or aggravated his obstructive sleep apnea. Additional evidence will be considered, and a new VA clinician is needed to provide an opinion on the etiology of the Veteran's sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected PTSD and musculoskeletal disabilities with obesity as an intermediate step. The decision resolves reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran does not have a current diagnosis of obstructive sleep apnea related to service, and therefore denied his claim for service connection.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his military service.

The Board has granted the Veteran's claim for service connection for his back injury, finding that he had a current diagnosis of degenerative disc disease other than intervertebral disc syndrome (IVDS), lumbosacral strain, and IVDS. The opinion of Doctor J.E., who examined the Veteran in August 2020, supported this decision.

The Veteran's back disability alone supports his TDIU rating and his other disabilities combine to 60 percent or more, thus qualifying him for SMC under 38 U.S.C. § 1114(s)(1).

The Board has determined that the Veteran's current obstructive sleep apnea is secondary to his service-connected asthma and COPD, and thus grants service connection for this condition.

The Veteran's claims for service connection of left and right ankle conditions, as well as a low back condition and sleep apnea are denied. The claim for the right wrist condition (flexor pollicis tendon repair) is remanded.,There is no evidence of current disabilities in any of the claimed conditions.

The Board has determined that a remand is necessary to obtain addendum medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service due to Gulf War environmental exposures and whether obesity caused by his service-connected left knee disorder and/or posttraumatic stress disorder is a substantial factor in causing or aggravating his current sleep apnea.

The Veteran's service connection claim for obstructive sleep apnea is granted as the condition was incurred in active service.

The Veteran's claims for service connection and increased rating for left leg varicose veins, lumbar spine condition, right hip arthritis, left hip arthritis, cervical spine foraminal stenosis, right upper extremity nerve involvement (claimed as carpal tunnel), left upper extremity nerve involvement (claimed as nerve damage), acid reflux, and sleep apnea are all remanded due to the need for additional examinations and opinions.,The Veteran's lumbar spine condition is remanded because a new VA examination and opinion are needed given her testimony of continued back pain since service. The claim for right hip arthritis and left hip arthritis is also remanded as it involves bilateral hips, necessitating a VA examination and opinion regarding the nature and etiology of these conditions.,The Veteran's cervical spine foraminal stenosis claim is remanded due to its inextricability with her lumbar spine disability. A VA examination and medical nexus opinion are needed for both direct and secondary theories of causation.,The Veteran's claims for right upper extremity nerve involvement (claimed as carpal tunnel) and left upper extremity nerve involvement (claimed as nerve damage) are remanded due to their inextricability with her cervical spine disability. A VA examination and medical nexus opinion regarding the secondary theory of causation is needed.,The Veteran's acid reflux claim is remanded because a VA examination and medical opinion are needed given her service-connected left leg varicose veins and other potential service-connected disabilities, as well as her testimony about obesity being an intermediate step between these conditions and sleep apnea.

The Board has found that the VA examinations did not address all of the issues raised in the January 2022 remand, specifically regarding secondary service connection for back disability and continuity of symptoms for sleep apnea. The claims are being remanded again to obtain additional opinions from a VA examiner.

The Veteran withdrew his appeal for service connection of sleep apnea.

The Board has decided to remand the cases for further development and consideration due to deficiencies in the medical opinions provided. The Veteran's cysts, skin rashes, and rosacea are all being reviewed again as they may be related to his service-connected PTSD.

The Veteran's claim for service connection for respiratory disability and sleep apnea, to include as secondary to service-connected disabilities, is denied. The Board found no current evidence of a respiratory disability or sleep apnea at the time of his claim.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of secondary service connection for diabetes mellitus type II.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD and/or stimulant use disorder with cocaine in sustained remission.