Sleep apnea decisions — 2022

The Board has remanded the case due to insufficient consideration of whether PTSD aggravated the Veteran's sleep apnea, and for further development.

The Veteran's lumbosacral strain and lower back condition are currently rated at 10 percent, but the Board found that there is no evidence of forward flexion limited to 60 degrees or less, abnormal gait due to guarding or muscle spasm, or favorable or unfavorable ankylosis. Therefore, a higher rating cannot be granted.

The Veteran's hypertension is granted as secondary to service-connected congestive heart failure. Service connection for diabetes mellitus type II is denied. The issues of service connection for obstructive sleep apnea and reactive arthritis are remanded.

The Board dismissed the appeals for service connection of COPD, emphysema, a sleeping disorder (OSA), and hypertension due to the death of the Appellant.

The Board has determined that the Veteran's obstructive sleep apnea is not etiologically related to service or his service-connected PTSD, even considering obesity as an intermediary step.

The Board has remanded the case due to inadequate etiology opinion and new evidence from a previous Court decision.

The Veteran's lumbosacral strain and right lower extremity radiculopathy are rated at 40 percent on and after January 11, 2021. The left lower extremity radiculopathy is not compensably rated.

The Veteran's sleep apnea is remanded for a new VA examination and medical opinion to determine the etiology of his condition, considering all relevant evidence including lay statements and VA outpatient treatment records.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and arthritis in multiple joints, as well as his claim for TDIU due to the need for additional medical opinions and consideration of new evidence.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected PTSD.

The Board has granted service connection for obstructive sleep apnea, bilateral hip osteoarthritis, right ankle osteoarthritis, left knee osteoarthritis, and left knee MCL tear. The low back disability claim is being remanded.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it. The left ankle rating appeal is remanded.

The Board has remanded the cases for additional development due to insufficient evidence regarding the Veteran's claims. The issues of service connection and TDIU are inextricably intertwined.

The Board granted a 40 percent rating for radiculopathy of the right lower extremity sciatic nerve and granted a 30 percent rating for radiculopathy of the left lower extremity femoral nerve, effective from February 21, 2014. The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment consistent with his education, work history, skills, and training, resulting in a TDIU grant.

The Board has determined that the Veteran's claims of service connection for anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD), right hamstring disability, and left hamstring disability must be remanded due to the need for additional development.

The Board has determined that the Veteran does not have a current lumbar spine disability, bilateral foot disability, respiratory disability, sleep apnea, acquired psychiatric disorder, or left hip disability that was incurred in or otherwise the result of active service.,For the left ankle disability, the Board finds that there is no evidence of a current disability and the VA examiner's opinion does not support a finding of an injury during service.

The Board has remanded the claims for sleep apnea, PTSD, an acquired psychiatric disability other than PTSD, and alcohol abuse disorder due to insufficient evidence or unclear diagnoses.

The Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected posttraumatic stress disorder (PTSD) with traumatic brain injury (TBI) residuals.

The Board has found the VA examinations for bronchitis and obstructive sleep apnea (OSA) inadequate due to an inaccurate medical history. The claims are remanded for further development.

The Board has found that the VA Sleep Apnea examination in December 2020 is inadequate and non-compliant with remand instructions. The Veteran's sleep apnea may be due to injury in service or caused by his service-connected lumbar spine condition, but further medical opinion is needed.