Sleep apnea decisions — 2022

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, severe burn injury, ALS. Therefore, the claim for financial assistance in the purchase of an automobile and adaptive equipment is denied.

The Board has decided to remand the case due to insufficient reasoning in the June 2022 VA medical opinion regarding secondary service connection for sleep apnea. The Veteran's claim will be reviewed again with a new examination.

The Board has decided to remand the case due to a need for clarification of findings from a VA medical opinion regarding the Veteran's sleep apnea and its relation to service or a service-connected condition.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected anxiety disorder.

The Veteran's appeal for service connection for left ear hearing loss was dismissed.,New and material evidence has been received sufficient to reopen the previously denied and final claims of service connection for fibromyalgia and obstructive sleep apnea (OSA), and these appeals are granted.

The Board has granted service connection for a right knee disability and a lower back disability, finding that the Veteran's current conditions are related to his active duty for training (ACDUTRA) service.

The Veteran's claim for service connection for dry eye with pinguecula is granted.,Service connection for a bilateral eye condition other than dry eye, and a sleep disorder to include obstructive sleep apnea are denied.

The Board has remanded the issues of service connection for a right knee disorder, sleep apnea, and COPD due to potential errors in the previous decisions.

The Veteran's claims for depression, OSA, and right shoulder disability were denied as there was no evidence of a disease or injury during service. The claim for left ear hearing loss disability is granted.,Service connection for left ear hearing loss disability is established based on pre-existing condition aggravated by service.

The Board has dismissed the Veteran's appeals for service connection on four of his claims: erectile dysfunction, pancreas disability, aphonia or slurred speech, and a psychiatric disability. The remaining three claims (bilateral hearing loss, tinnitus, and sleep apnea) have been granted.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA). The AOJ is instructed to obtain an addendum opinion from a clinician to determine if OSA is causally or etiologically related to her active service, as well as whether it was caused by or aggravated by her service-connected acquired psychiatric disorder and/or medications.

The Board has granted the Veteran's petition to reopen his claim for service connection for OSA and has also determined that OSA is aggravated by his service-connected Chronic Sinusitis. As a result, the Veteran is now entitled to service connection for OSA as secondary to his service-connected Chronic Sinusitis.

The Board has withdrawn the Veteran's claims for service connection due to his withdrawal of these claims. The issues of entitlement to a disability rating in excess of 50 percent for adjustment disorder with depressed mood, left shoulder osteoarthritis, and lumbar spine degenerative disc disease are REMANDED.

The Veteran's claims of service connection for chronic fatigue syndrome and shortness of breath have been reopened, but the claim of service connection for tinnitus has been denied. The initial compensable rating claim for bilateral hearing loss is also denied.

The Veteran's claim for an earlier effective date for service-connected sleep apnea was denied as the May 2008 rating decision is final and her claim remained open due to her address issues. The earliest effective date granted is February 28, 2018.

The Veteran's lumbosacral strain was rated at 40 percent prior to May 24, 2021. The Board denied a higher rating.

The Board has dismissed the claim of service connection for migraines as it has been granted by a rating decision. Service connection is granted for lumbosacral strain, left shoulder strain, right shoulder strain, left knee strain, and right knee strain.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and an acquired psychiatric disorder, including PTSD, mood disorder, insomnia, and bipolar disorder. The decision is based on a lack of current diagnoses and no evidence linking these conditions to service.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The claims for increased ratings for cervical spine and right shoulder disabilities are remanded.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran needs a new VA examination and an updated nexus opinion.