Sleep apnea decisions — 2022

The Veteran's initial ratings for sleep apnea, lumbosacral strain with degenerative joint disease, and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has reopened the claim for service connection for sleep apnea due to new evidence received since the last denial. Service connection is granted, but a compensable rating for hypertension remains denied. The issue of secondary service connection for DM II due to hypertension is remanded.

The Veteran's bilateral hearing loss did not manifest during service or within one year of separation and is not shown to be causally related to an in-service event.,The Veteran's psoriasis may have worsened since the last examination. A new VA examination is needed to determine its current nature and severity.,Spinal stenosis, COPD, pulmonary fibrosis, and glaucoma are all potentially related to herbicide exposure during service. Further evaluation is required to establish a connection.,COPD and pulmonary fibrosis may be related to the Veteran's obstructive sleep apnea. A new VA examination is needed to evaluate these conditions.,Pulmonary fibrosis and COPD are both related to the Veteran's obstructive sleep apnea. Further evaluation is required to establish a connection.,Glaucoma is not service-connected as it may be due to refractive error, which cannot be subject to herbicide exposure presumption.,Obstructive sleep apnea is inextricably intertwined with the Veteran's claims for COPD and pulmonary fibrosis. These claims must be remanded first.

The Veteran's petition to reopen his service connection claim for PTSD is granted. The Board has remanded the issues of service connection for an acquired psychiatric disorder, a heart condition, and obstructive sleep apnea due to the need for additional medical examinations.

The Veteran's claims for service connection for a right knee condition, hemorrhoids, and obstructive sleep apnea have been reopened.,Effective dates prior to November 30, 2015 are denied for the awards of service connection for lumbar spine condition, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy.

The Board has decided to remand the case due to inconsistencies in the medical opinion regarding whether OSA is proximately caused by service-connected PTSD. The examiner's opinion also needs clarification on whether obesity, which may be aggravated by service-connected disabilities like right ankle and foot disabilities, contributed to the development of OSA.

The Board has denied service connection for fibromyalgia and remanded the issues of service connection for sleep apnea, respiratory disability, left lower extremity neurological disability, and right lower extremity neurological disability.

The Board has determined that the Veteran's obstructive sleep apnea likely began during his military service, and thus grants service connection for this condition.

The Veteran's low back condition and right shoulder condition are being remanded for additional development of medical evidence.,The Veteran's skin condition (claimed as genital herpes) is also being remanded for additional development of medical evidence.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 20 percent, but the Board finds that his disability does not meet or approximate criteria for a higher rating as there is no evidence of forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis of the entire spine, or incapacitating episodes.

The Board denied the Veteran's claim for service connection for OSA as secondary to his service-connected PTSD, finding that there was no evidence of a nexus between the conditions.

The Board has denied an initial rating in excess of 40 percent for lumbosacral strain and degenerative arthritis of the spine, but has remanded issues regarding urinary incontinence, bilateral leg weakness and numbness, as well as TDIU.

The Veteran's service connection claim for Obstructive Sleep Apnea (OSA) is granted. The claim for Circadian Rhythm Sleep Disorder is denied.

The Board has remanded the case due to an inadequate July 2012 VA examination, which did not provide estimates of range of motion lost during flare-ups. The Veteran's low back disability is being reviewed for a retrospective medical opinion.

The Board has granted service connection for sleep apnea on a secondary basis to the Veteran's service-connected back and feet disabilities. The matter of service connection for sleep apnea on a direct basis is remanded due to insufficient evidence.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was denied. The claims for service connection for a lung disorder (COPD), sleep apnea, right knee disorder, left knee disorder, and bilateral hearing loss are remanded due to the need for additional medical opinions.

The Board has determined that the VA examinations and opinions provided were inadequate to address the Veteran's claims for service connection. The issues of entitlement to service connection have been remanded due to deficiencies in the prior VA examination reports.

The Veteran's claims for a higher rating for lumbosacral strain with arthritis and service connection for a right big toe disability are remanded due to new evidence added after the April 2022 SSOC.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, and diabetic peripheral neuropathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the evidence showing his inability to work due to his mental health symptoms and physical limitations.

The Board has remanded the case due to inadequate review of service treatment records and incomplete medical opinions. The Veteran's sleep apnea is being evaluated again, along with her in-service circadian rhythm sleep disorder.