Sleep apnea decisions — 2023

The Board has dismissed the appeal for service connection for heart disease, status post ICD placement as secondary to the service-connected diabetes mellitus, with erectile dysfunction, hypertension, and onychomycosis. The appeals for hepatitis C, obstructive sleep apnea, and emphysema (now claimed as chronic obstructive pulmonary disease) are remanded.

The Veteran's service-connected disabilities, including bilateral pes planus, right knee status post total knee arthroscopic repair, degenerative joint disease of the left knee, IVDS of the spine and lumbosacral strain, tinnitus, osteoarthritis of the right ankle, osteoarthritis of the left ankle, radiculopathy of the right lower extremity, radiculopathy of the left knee, and rheumatoid arthritis (indicated by pes planus), render him unable to secure or follow a substantially gainful occupation.

The Veteran's sleep apnea is found to be aggravated by his service-connected PTSD, and thus service connection for sleep apnea is granted.

The Board has determined that the Veteran's conditions, including loss of use of diaphragm, residual scar on left torso, and sleep apnea, are related to his active duty service. However, due to lack of VA examinations and medical opinions assessing these conditions' etiology, the claims are being remanded for further evaluation.

The Veteran's obstructive sleep apnea and Peyronie's disease with erectile dysfunction are found to have onset coincident with service, warranting service connection for both conditions.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's current disabilities and her service-connected PTSD, as well as whether any of these conditions were caused or aggravated by her in-service exposure.

The Board has reopened the Veteran's claims for chronic fatigue syndrome, hypertension, obstructive sleep apnea, skin disorder, and GERD. However, these claims are still remanded as new VA examinations are needed to determine their etiology.

Service connection is granted for left hand arthritis and right hand arthritis.,Service connection is denied for hypertension, claimed as high blood pressure.

The Veteran's appeals for service connection for fatigue, hypertension (claimed as high blood pressure), erectile dysfunction, heart condition, type II diabetes mellitus, and depression have been dismissed.,The Veteran's appeals for service connection for a cervical spine disability, right knee disability, left knee disability, obstructive sleep apnea, right hip disability, and left hip disability are being remanded for further development.

The Board has remanded the claims for service connection for bilateral hearing loss, obstructive sleep apnea, and migraine headaches due to new evidence received after the last final rating decision. The Veteran's current diagnoses are related to in-service noise exposure.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD. The case will be returned for further development and an addendum opinion.

The Board has decided to remand the case due to insufficient medical evidence regarding the relationship between the Veteran's sleep apnea and his military service.

The Veteran's back disability was reduced from a 60 percent rating to a 40 percent rating effective March 1, 2018. The Board has now restored the 60 percent rating due to continued worsening of his condition.

The Board denied service connection for obstructive sleep apnea and a rating higher than 30% for hypertensive heart disease. The Veteran's obstructive sleep apnea was not related to service, and the evidence did not show more than one episode of acute congestive heart failure in a year or left ventricular dysfunction with an ejection fraction of less than 30%. The Board also denied the issue of TDIU prior to October 1, 2017.

The Board has granted service connection for bilateral foot osteoarthritis with calcaneal spurs and bilateral pes planus, bilateral ankle degenerative arthritis, and bilateral knee osteoarthritis as these conditions are related to the Veteran's active duty service.,Service connection is also granted for non-allergic rhinitis and sleep apnea, both of which had their onset during the Veteran's active duty service.

The Board granted a rating of 40 percent for the Veteran's lumbosacral spine disability, effective from February 1, 2017. The decision was based on forward flexion of no greater than 30 degrees and found that this condition approximated ankylosis.

The Board has denied service connection for OSA on a direct basis and remanded the secondary claim due to insufficient evidence.

The Board denied service connection for sleep apnea, hypertension, and left ear hearing loss disability due to lack of evidence showing these conditions were incurred or aggravated by military service.,There is no direct evidence linking the Veteran's current sleep apnea, hypertension, or left ear hearing loss disability to his military service.

The Veteran's soft tissue sarcoma (liposarcoma) was not caused by VA treatment, and the Board found no fault on the part of VA in the removal of the liposarcoma. The decision is denied.

The Veteran's acquired psychiatric disorder, sleep apnea disorder, and headache disorder are found to be at least as likely as not related to his service-connected knee disability. The case is remanded for further examination and opinion regarding the Veteran's headaches and sleep apnea.