Sleep apnea decisions — 2022

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's sleep apnea and whether it is proximately due or aggravated by her service-connected left knee disability.

The Board has remanded the claims for service connection due to inadequate examinations and new evidence received since the May 2013 rating decisions. The Veteran's conditions include a low back condition, bilateral pes planus, an acquired psychiatric disorder (PTSD), high blood pressure, and sleep apnea.

The Board has remanded the Veteran's claims for higher ratings for his right hip and lumbar spine disabilities, as well as the claim for a TDIU prior to February 16, 2017. Additional records are needed from the VA Medical Center in Hampton, Virginia, and updated VA examinations must be obtained.

The Veteran's claims for service connection have been withdrawn, and the remaining issues of service connection are being remanded for further development.

The Veteran's claim for service connection for asthma due to Gulf War environmental hazards has been granted.,The Veteran's claim for service connection for obstructive sleep apnea (OSA) due to Gulf War environmental hazards, with consideration of secondary service-connected PTSD, is remanded.

The Veteran's claims for service connection for sleep apnea and gastrointestinal disability were denied. The reduction of the rating for right knee disability from 30% to 10% was upheld, but a higher rating was not granted due to improvement under ordinary conditions of life. The increased ratings for instability and limited motion of the right knee were also denied.

The Board has decided to remand the cases for further development and medical opinions regarding service connection for OSA and pancreatitis, as the previous examinations were inadequate.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, based on a medical opinion that supports this relationship.

The Board has remanded several issues for further development and examination. The Veteran's appeal of the remaining issues is dismissed due to withdrawal by the Veteran.

The Board has decided to remand the claim for service connection of Obstructive Sleep Apnea due to inadequate examination and opinion. The Veteran's OSA is not related to his military service as there was no chronicity of care during the relevant period.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected PTSD.

The appeal for an increased disability rating in excess of 10 percent for lumbar spine degenerative disc disease is dismissed. The claim for service connection for obstructive sleep apnea has been reopened, and the case for residuals of TBI with migraine headaches is remanded.

The Board has granted service connection for Obstructive Sleep Apnea (OSA), finding that the evidence is at least evenly balanced as to whether OSA began during active service. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's appeal for service connection and rating of his hearing loss, sleep apnea, irritable bowel syndrome, fibromyalgia, and chronic fatigue syndrome is denied. The cases are remanded for further development.

The Veteran has withdrawn his appeals for service connection for chronic fatigue syndrome, gastroesophageal reflux disease, irritable bowel syndrome, and an undiagnosed illness. The remaining issues of service connection for a disability manifested by sleep impairment (including sleep apnea and insomnia), right shoulder disability (supraspinatus tendon injury and rotator cuff injury), low back disability, left knee disability, and right knee disability are being remanded for further development.

The Board has granted reopening of the claims for service connection for heart disease, diabetes mellitus, prostate cancer, anemia, and sleep apnea. However, the criteria for these conditions are not met as they are not related to service.

The Veteran's lumbosacral degenerative disc disease is granted an evaluation of 20 percent from September 1, 2015, to August 7, 2017. From August 7, 2017, to July 23, 2021, the Veteran's disability is rated at 40 percent. After July 23, 2021, a TDIU is granted.

The Board denied service connection for leiomyosarcoma of the right hip and residuals of frost bite (also claimed as cold weather injury) due to lack of evidence linking these conditions to military service.

The Board has remanded the case for further development and adjudication due to the need for additional medical examinations and opinions regarding the Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbosacral spine.

The Board has remanded the case due to insufficient compliance with previous directives regarding service connection for lumbosacral strain. The Veteran's claim for special monthly compensation due to housebound status is also being remanded as it may be significantly impacted by the outcome of the service connection issue.