Sleep apnea decisions — 2023

The Veteran's initial ratings for lumbosacral strain and cervical spine strain were denied, as the evidence did not meet the criteria for a higher rating under VA regulations. The Veteran also had limitations in hip motion due to trochanteric pain syndrome, but these were rated separately.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is proximately due to his service-connected disabilities, including PTSD and musculoskeletal conditions.

The Veteran has withdrawn his appeals for the issues of entitlement to a compensable rating for service-connected left second finger digital nerve mononeuritis and nonlinear scar, as well as for bilateral pes planus, pseudofolliculitis, chronic bronchitis, chronic eye condition, sleep apnea, and lumbar spine degenerative joint disease.

The Board has granted service connection for a low back condition, right knee condition, left knee condition, and sleep apnea based on the Veteran's credible testimony of in-service injuries and persistence of symptoms since service.,Service connection is established for these conditions as they are found to be causally linked to the Veteran's military service.

The Veteran's claim for TMJ was reopened and granted, with the condition having begun during service.,The Veteran's sleep apnea was also granted as secondary to her service-connected rhinitis and sinusitis.

The Board has remanded the case due to inadequate medical opinions and additional theories of entitlement. The Veteran's sleep apnea may be secondary to obesity, which is linked to his service-connected psychiatric and/or physical conditions.

The Veteran's death was caused by metastatic esophageal cancer, which is presumed to have originated during service due to herbicide exposure. Service connection for the cause of death and esophageal cancer has been granted.

The Board has determined that additional development is needed to determine the etiology of the Veteran's obstructive sleep apnea and whether it is secondary to his service-connected PTSD or chronic fatigue syndrome.

The Board has denied service connection for Type II diabetes mellitus, associated kidney disability (claimed as secondary to DM II), hypertension, and obstructive sleep apnea due to lack of evidence supporting an in-service onset or a causal relationship with the Veteran's service.

The appeal for service connection for right median sensorimotor neuropathy, diabetes mellitus, left and right shin splints, cataracts, deviated septum, depression, a right elbow disorder, and a heart disorder has been dismissed.,The claim for service connection for hypertension (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claim for service connection for sleep apnea (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claims for service connection for sinusitis and allergic rhinitis have been reopened due to new evidence submitted by the Veteran. The appeals are granted in part.

The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from June 4, 2015 to July 12, 2022.,The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from July 12, 2022 forward.,The Veteran's Lumbosacral Strain with Degenerative Arthritis, Spondylosis, and Intervertebral Disc Syndrome (IVDS) was denied an increased rating from December 28, 2016 to September 9, 2022.,The Veteran's Left Lower Extremity Radiculopathy was denied an increased rating from September 9, 2022 forward.,The Veteran's Right Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 to June 27, 2022.,The Veteran's Left Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 forward.,The Veteran's Left Knee Symptomatic Residuals of Semilunar Cartilage Removal was denied an increased rating from September 9, 2022 forward.

The Veteran's claim for an increased rating for obstructive sleep apnea is denied. The Board has also remanded the TDIU claim due to the need for additional development.

The Board has granted service connection for OSA secondary to service-connected asthma and COPD. The issue of TDIU is remanded as it is inextricably intertwined with the grant of service connection.

The Veteran's claims for an initial compensable rating for residuals of closed fifth metatarsal fracture of the left foot, service connection for obstructive sleep apnea secondary to PTSD with severe alcohol use disorder, service connection for a lumbar spine disorder, and service connection for a right knee disorder are all remanded due to the need for additional examinations and opinions.

The Board has remanded the case due to incomplete range of motion measurements in the August 2022 VA examination report. Additional testing is needed, including weight-bearing and non-weight-bearing range of motion.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is at least as likely as not caused or aggravated by his service-connected PTSD and migraines.

The Veteran's appeal is remanded for additional examinations and opinions regarding her left knee condition, obstructive sleep apnea, and service connection claims.

The Veteran's claims for service connection, increased ratings, and a higher rating for PTSD with alcohol dependence were denied due to failure to report for VA examinations. The Board found that the Veteran's symptoms did not meet the criteria for a 100 percent disability rating.

The Board has remanded the case for an addendum opinion to address whether the Veteran's obstructive sleep apnea had onset in or is otherwise related to his period of service, as well as its secondary relationship to his service-connected disabilities.

The Board has remanded the case for further development, including a VA opinion on whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected PTSD.