Sleep apnea decisions — 2023

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran is seeking service connection for this condition, which was diagnosed based on a December 2012 sleep study.

The Board has decided that additional development is needed to determine if the Veteran's OSA is proximately due to or aggravated by her service-connected PTSD.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected asthma, and the Board has granted service connection for this condition.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected PTSD.,PTSD symptoms do not meet the criteria for a disability rating in excess of 70 percent.

The Veteran's claim for service connection for sleep apnea has been denied as the evidence does not support a nexus between his current diagnosis and his military service.,The effective date for service connection for left lower extremity radiculopathy is being remanded due to lack of prior claims or documentation supporting entitlement before February 20, 2013.,The effective date for service connection for right lower extremity radiculopathy is being remanded as the evidence does not support a diagnosis until August 25, 2020.

The Board has remanded the Veteran's claims for obstructive sleep apnea and hypertension due to inadequate medical opinions in the previous VA examinations. The new opinions are needed to address whether these conditions had their onset during service or are otherwise related to military service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA manifested during his service in Southwest Asia. The Veteran is presumed to have had toxic exposure during this period.

The Veteran's service connection claim for obstructive sleep apnea is granted, while the claim for an acquired psychiatric disorder to include PTSD remains pending and remanded.

The Board has remanded several issues related to the Veteran's left knee disability and OSA. Specifically, it is required to obtain SSA records that may be relevant to his claims of service connection for OSA, as well as rating reduction and temporary total ratings related to his left knee.

The Veteran's OSA is granted as secondary to his service-connected musculoskeletal disorders and hypothyroidism, with obesity as an intermediate step.,The Veteran's urological disorder is granted based on the nexus between his service-connected diabetes mellitus and acquired psychiatric disorder.

The Veteran's claim for service connection for OSA, bilateral carpal tunnel syndrome, a skin disability including sebaceous cyst and benign growth of the right hand, and a right ankle disability has been denied.,There is no current diagnosis of these conditions in the record. The Board finds that the evidence does not support finding that any of these conditions began during service or are related to an in-service injury, event, or disease.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and medical opinions.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began in service and resolving reasonable doubt in his favor.

The Board has dismissed the appeals for service connection for sleep apnea and lumbosacral strain because the appellant requested to withdraw these appeals.

The Board has dismissed the appeals for increased ratings for lumbosacral strain with degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral hearing loss disability as they are all covered by the March 2023 rating decision.

The Board has denied service connection for left hip disability, but granted service connection for right hip strain, lumbosacral strain, and bilateral plantar fasciitis as secondary to service-connected PTSD and bilateral knee disabilities.,Reasoning: The private medical opinions provided a link between the Veteran's obesity (an intermediate step) and his current conditions of bilateral plantar fasciitis and right hip strain.

The Board has remanded the claims for service connection due to insufficient evidence, and will consider any new evidence submitted by the Veteran.

The Veteran's appeal for an earlier effective date for PTSD and lung cancer service connection has been dismissed.,The Veteran's claim for sleep apnea service connection is granted.

The Board has decided to remand the case due to a need for an addendum opinion regarding whether the Veteran's service-connected major depressive disorder aggravates his obstructive sleep apnea.

The rating reduction from 20 percent to 10 percent for lumbosacral spine strain was improper; a 20 percent rating is restored, effective July 27, 2020. The Veteran's entitlement to a higher rating and an earlier effective date for TDIU are remanded.