Sleep apnea decisions — 2023

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, should be remanded due to a lack of supporting medical records and the need for a new VA examination.

The Veteran's claims for increased ratings and service connection were denied. The decision does not specify the exact reasons, but it appears that the evidence did not meet the criteria for a higher rating or service connection.,The Board found no evidence of complete atrophy of both testicles in the case of epididymitis, which resulted in denial of an initial compensable rating. For GERD, there was only one symptom (pyrosis) and no need for continuous medication. Dermatitis required near-constant use of systemic therapy but did not meet the criteria for a higher rating under Diagnostic Code 7806. The Veteran's sleep disorder claim was denied as his symptoms were subsumed in his service-connected psychiatric disability, and there is no separate diagnosis of sleep apnea or left shoulder disability.

The Board has withdrawn the appeal for alopecia and has remanded the issue of service connection for obstructive sleep apnea secondary to service connected unspecified anxiety disorder.

The Veteran's claim for service connection for sleep apnea is granted. His 10% rating for allergic rhinitis is restored, and his claims for other conditions are remanded.

The Board has determined that the current medical opinions are inadequate and requires additional examination to determine if the Veteran's sleep apnea is directly related to service, whether it is due to her service-connected disabilities as an intermediate step of obesity, and an adequate medical opinion regarding the causation and/or aggravation by her service-connected disabilities.

The Veteran's erectile dysfunction is not service-connected and denied.,A rating in excess of 20 percent for right shoulder impingement syndrome, to include rotator cuff tear, is denied.,A rating in excess of 10 percent for lumbosacral strain/spine and intervertebral disc syndrome prior to March 22, 2023, is denied. From March 22, 2023, a rating in excess of 40 percent is also denied.,A rating of 40 percent for sciatic nerve radiculopathy, left lower extremity, and a rating of 40 percent for sciatic nerve radiculopathy, right lower extremity, are granted.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's obstructive sleep apnea. The case will be returned for further examination and opinion.

The Board has decided to remand several issues related to the Veteran's claims, including those for right wrist laceration residuals, back disability, pseudofolliculitis barbe hyperpigmentation residuals, diabetes, sleep apnea, and a right hand injury. The decision also mentions that VA should attempt to obtain Social Security Administration records relevant to the Veteran's claim.

The Veteran's service connection claims for psychiatric disorder, sleep apnea, and GERD have been remanded due to insufficient medical opinions regarding the relationship between these conditions and his military service.

The Veteran's appeal for service connection for obstructive sleep apnea was granted because he timely filed a substantive appeal after receiving the February 2018 Statement of the Case, despite mailing irregularities.

The Board denied service connection for obstructive sleep apnea (OSA) as it is not secondary to service-connected disabilities, including obesity. The Board found that the Veteran's OSA and service-connected disabilities are not medically related.

The Board has remanded the claims of service connection for hepatitis C, hypertension, and obstructive sleep apnea due to a lack of evidence showing a link between these conditions and military service. The appeal is not ready for appellate review without obtaining missing medical opinions.

The Veteran's claim for a higher rating of spine disability has been denied. The Board found the evidence did not support a rating in excess of 10 percent prior to May 21, 2018, and in excess of 20 percent thereafter. His claim for service connection for plantar fasciitis was remanded due to insufficient opinions from VA examiners.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's sleep apnea and its relationship to his military service, specifically in-service circadian rhythm sleep disorder.

The Board has determined that the Veteran's claimed conditions, including diabetes mellitus type II, hypertension, kidney disability, skin condition, right hand tremors, left hand disability, right knee condition, left knee condition, right ankle condition, left ankle condition, lower bilateral gout, and sleep apnea are not related to service. As a result, the claims for these conditions have been denied.

The Board has granted an effective date of July 15, 2013 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) due to the Veteran's service-connected disabilities. The portion of the decision that dismissed entitlement to an earlier effective date prior to December 6, 2016, is vacated.

The Veteran's tinnitus and squamous cell carcinoma of the buccal mucosa have been granted service connection, with tinnitus being linked to in-service noise exposure and squamous cell carcinoma linked to in-service herbicide agent exposure. The issue of special monthly compensation (SMC) based on aid and attendance or housebound status is remanded.

The appeal for service connection for degenerative arthritis is dismissed. The appeals for service connection for cold injury residuals to the feet, lumbosacral strain, gastrointestinal condition, acquired psychiatric disorder, and hypertension are all remanded.

The appeal for Chronic Fatigue Syndrome was dismissed.,The application to reopen the claim for Degenerative Joint Disease with IVDS of the Lumbar Spine is granted, and service connection is established.,The application to reopen the claim for Sleep Apnea is granted, and service connection is established as secondary to PTSD.

The Veteran's PTSD is granted a 100% rating, and the claim for service connection of Obstructive Sleep Apnea is remanded.