Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for service connection for various joint disabilities, including right knee arthritis, bilateral hip arthritis, bilateral shoulder degenerative arthritis, and lumbar spine disability. The claims are being returned to the RO for further development.

The Board has remanded the TDIU claim due to insufficient explanation in a previous decision regarding the use of Percocet for treating lumbosacral muscular strain.

The Board has found the VA examinations inadequate and requires a new examination to determine if the Veteran's sleep apnea and erectile dysfunction are caused or aggravated by his service-connected PTSD.

The Board has remanded the cases of obstructive sleep apnea, right shoulder condition, and right hip condition for additional development.

The Veteran's lumbar spine disability was granted a 40% rating effective January 10, 2019.,Effective November 21, 2019, the Veteran's left lower extremity radiculopathy is rated at 10%. The TDIU became effective on December 17, 2021.

The Board has remanded the case due to errors in the April 2021 decision, including failing to address articles submitted by the Veteran and not adequately explaining which VA opinions were relied on. The matter is now before the Board for further adjudication.

The Veteran's claim for service connection for sleep apnea is reopened due to new and material evidence. The Board has decided to remand the case for further examination and opinion regarding the cause of his sleep apnea, including exposure to fine particulate matter during service in Kuwait.

The Veteran's claim for a higher rating for right leg shortening has been denied as there is no evidence of more than two inches of shortening.,The Veteran's claim for a higher rating for hemorrhoids with anal fissure prior to January 8, 2019, and in excess of 60 percent thereafter, has also been denied due to lack of evidence showing extensive leakage or fairly frequent involuntary bowel movements.

The Board has granted service connection for obstructive sleep apnea and a headache disorder, but denied service connection for fibromyalgia and hypertension. The decision is based on the Veteran's testimony and medical evidence showing that his symptoms began during active military service.

The Board has decided to remand the claims for diabetes mellitus and obstructive sleep apnea due to AO exposure, as well as the claim for secondary service connection for obstructive sleep apnea. The Veteran's exposure history needs to be verified, and a new VA examination is required to determine the nature and etiology of his obstructive sleep apnea.

The Veteran's lumbosacral spine condition was rated at 10 percent prior to November 7, 2019, and a higher rating is denied. Since then, the Veteran has been granted a 20 percent disability rating for his left lower extremity radiculopathy.,For the period since September 27, 2021, the Veteran's left lower extremity radiculopathy was rated at 20 percent.

The Board has decided to remand the case due to inadequate examination and reasoning regarding service connection for obstructive sleep apnea, which is claimed as secondary to a service-connected disability. The Veteran's obstructive sleep apnea may be caused or aggravated by his service-connected bronchitis.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's sleep apnea and service, specifically his weight in service. The claim will be reviewed again with new evidence.

The Board has remanded the case due to insufficient examination and medical opinions regarding the current severity of the Veteran's seborrheic dermatitis and rosacea.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and left knee patellofemoral pain syndrome, as these conditions are claimed to be related to her right knee disability. The VA will provide additional medical opinions regarding the etiology of these disabilities.

The Veteran's service-connected acquired psychiatric disorder is found to be the cause of his obstructive sleep apnea, thus granting him service connection for this condition on a secondary basis.

The Veteran's PTSD is related to an event during his military service and has been granted service connection. Sleep apnea and reactive airway disease are remanded for further evaluation.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected disabilities and remanded the issue of service connection for a headache disability.

The Board has determined that additional remand is necessary to obtain etiological opinions regarding the Veteran's bilateral lower and upper extremity peripheral neuropathy and sleep apnea in accordance with Lynch v. McDonough, 999 F.3d 1391 (Fed. Cir. 2021).

The Veteran's claims for increased ratings and initial ratings were denied. The case was remanded for further development, including a TDIU claim.