Sleep apnea decisions — 2022

The Board has decided to remand the case due to the need for a VA examination to address the etiology of the Veteran's sleep apnea, which may be related to his service-connected bilateral knee disabilities and lumbar spine disability.

The Veteran's TDIU claim was denied as he is currently employed full-time and has a consistent work history, with no evidence of substantial impairment in his ability to secure or follow a substantially gainful occupation.

The Board has determined that further development is necessary to obtain outstanding medical records and provide the Veteran with appropriate VA examinations. The claims for service connection are being remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed conditions. The issues include bilateral shoulder disability, sleep apnea, sinusitis, deviated septum, and bilateral elbow and hip disabilities.

The Veteran's lumbosacral strain with degenerative changes and IVDS is currently rated at 40 percent, which is the maximum schedular rating available under VA regulations. The Board finds that this rating adequately reflects the severity of his disability.

The Board has remanded the claims for service connection for a cervical spine disability, sleep apnea, and PTSD with depressive disorder. The TDIU claim is also remanded as it is inextricably intertwined with the other appealed claims.

The Board has granted a 100 percent rating for service-connected Obstructive Sleep Apnea from July 1, 2021. Service connection for Periodic Limb Movement of Sleep (PLMS) as secondary to service-connected Obstructive Sleep Apnea is also granted.

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

The Veteran's sleep apnea was granted service connection as it is established that the condition began during his active duty and persisted after service.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during his active military service and have persisted since then.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's sleep apnea, specifically whether it is caused or aggravated by his service-connected major depressive disorder and any related medications. The opinions must also address whether obesity, which may be related to his service-connected conditions, plays a role in the development of his sleep apnea.

The Board has determined that further development is needed for the Veteran's claims of a higher rating for his lower back disability and TDIU. The Veteran will need to provide authorization for VA to obtain private treatment records, and a retrospective medical opinion addressing functional loss and range of motion after repetitive use over time and during flare ups at the time of the April and December 2016 VA examinations is needed. Additionally, the case will be referred to the Director of Compensation Services for consideration of whether the Veteran is entitled to a TDIU on an extraschedular basis.

The Board has decided to remand the case due to inadequate rationale in the November 2019 VA opinion regarding direct service connection for obstructive sleep apnea. The Veteran's claim will be returned for further development and an adequate opinion.

The Board has granted service connection for sleep apnea as secondary to service-connected posttraumatic stress disorder (PTSD). The decision is based on the evidence showing that PTSD may have aggravated the Veteran's sleep apnea.

The Board has remanded the case due to insufficient consideration of lay statements regarding in-service symptoms and a prior sleep study, as well as failure to address learned treatises on the relationship between OSA and HTN. The examiner is asked to provide an addendum opinion addressing these issues.

The Veteran's appeal is remanded for additional examinations to determine the severity of his service-connected lumbar spine disability, right knee disability, and allergic rhinitis.

The Board has remanded the claims for service connection for sleep apnea, polycythemia (to include as secondary to sleep apnea), and polyuria due to inadequate medical opinions. The VA will obtain addendum opinions addressing the etiology of these conditions.

The Board has granted service connection for obstructive sleep apnea, secondary to service-connected PTSD and lumbar strain. The issues of entitlement to a rating in excess of 10 percent for a lumbar strain and diabetes are remanded.

The Board has granted service connection for a lumbosacral spine disorder, finding that it is both due to service and secondary to the Veteran's service-connected left knee disability.

The Board has decided to remand the case due to the need for additional medical opinions regarding the etiology of the Veteran's sleep apnea, which is claimed as secondary to service-connected TBI and PTSD.