Sleep apnea decisions — 2023

The Board has decided that the Veteran's service connection claim for sleep apnea is remanded due to insufficient medical opinions on direct and secondary service connection.

The Veteran's asthma has been granted a 60 percent rating prior to April 5, 2013. From April 5, 2013, to May 10, 2022, the Veteran's OSA with asthma is rated at 50 percent. Effective from May 10, 2022, a single rating for both conditions has been assigned.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions regarding both primary and secondary service connection.

The Veteran's right knee instability is rated separately from April 26, 2022, but no earlier. The issue of a higher rating for the disability remains pending.,Other issues related to the Veteran's right ankle and lumbosacral strain are still under review.

The Board has decided to remand the case due to inadequate VA medical opinions and requires further development, including a VA examination to determine if the Veteran's sleep apnea is proximately due to or aggravated by his service-connected disabilities.

The Board has remanded the Veteran's claim for sleep apnea due to service, as new and material evidence was received. The VA examiner provided negative opinions regarding direct service connection and secondary service connection. The case is being returned for further evaluation.

The Board has decided that the claim for service connection for obstructive sleep apnea, to include obesity as an intermediate step secondary to PTSD, needs further examination and review.

The Veteran's requests to reopen his claims for service connection for weight gain, adjustment disorder, OSA, lymphogranulomatosis, plantar fasciitis, and cervical spine disability were denied. The effective dates for the awards of service connection for voiding dysfunction and SMC based on loss of use of a creative organ remain unchanged.

The Veteran's claims for service connection for obstructive sleep apnea, PTSD, migraine, and tinnitus have been granted. The appeals for increased evaluations and the TDIU claim are still pending.

Service connection is granted for bilateral hearing loss and tinnitus.,The Veteran's headaches, neck disorder, back disorder, heart disorder, hypertension, acquired psychiatric disorder (including PTSD), anxiety, insomnia, sleep disturbances, and depression are remanded for further development.

The Veteran's increased rating claims for lumbosacral strain, cervical strain, left knee arthritis with internal derangement, right upper and lower extremity radiculopathy have all been denied.,Specifically, the criteria for a higher rating were not met for each condition.

The Board has granted service connection for bilateral pes planus and remanded the issue of an initial disability rating for lumbosacral strain.

The Veteran's service connection for a back disability is granted as it is at least in part caused or aggravated by his service-connected residuals of status post right knee medial meniscectomy.,Service connection for skin cancer and sleep apnea are remanded due to insufficient medical evidence addressing the relationship between these conditions and service.

The Board has granted service connection for sleep apnea as secondary to service-connected disabilities and for a lumbar spine disability. The claims are remanded for further action regarding the Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's claim for service connection for obstructive sleep apnea has been dismissed. The claims of service connection for a bilateral knee disability are remanded.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance as they do not cause anatomical loss or use of both feet, blindness in both eyes with visual acuity of 5/200 or less, permanent bedridden status, or being so helpless as to be in need of regular aid and attendance.

The Veteran's claims for service connection for abdominal hernia, sleep apnea as secondary to bronchial asthma, and a psychiatric disorder (depression) have been withdrawn. The claim of entitlement to an initial rating higher than 10 percent from January 10, 2012, to February 3, 2016, for right ankle sprain with degenerative joint disease has also been withdrawn.,The Veteran's claims for specially adapted housing and special home adaptation grant have been remanded due to the need for updated VA treatment records and examinations.

The Board has remanded the Veteran's claim for further development, including obtaining an addendum medical opinion to address whether his service-connected PTSD and asthma caused or aggravated his obesity and sleep apnea.

The Board has determined that further development is needed for the Veteran's claims of service connection and entitlement to a compensable disability rating. Specifically, additional audiometric testing results are required, as well as medical opinions regarding the etiology of his sleep apnea and right knee condition.

The Board has determined that the Veteran's sleep apnea is related to his service-connected hypertension, and thus grants service connection for this condition.