The Board remands the case to secure a VA medical opinion that addresses whether the Veteran's sleep apnea is secondary to his service-connected disabilities, including degenerative disc disease and intervertebral disc syndrome of the lumbar spine, status post laminotomy and partial diskectomy; left shoulder, status post total shoulder arthroplasty; right shoulder tendonitis; radiculopathy of the left lower extremity; right lower extremity radiculopathy; left foot first and second toe numbness, status post benign peripheral nerve sheath tumor removal; and/or bipolar disorder with mixed features and ADHD in near total remission.

The deciding factor: The Board finds that the evidence suggests that the Veteran's obstructive sleep apnea may be associated with his psychiatric disability, to include medication used to treat the disability; and the examiner's rationale also raises the theory that the Veteran's obesity was an intermediate step between his obstructive sleep apnea and the service-connected musculoskeletal, peripheral nerve, and psychiatric disabilities identified above.

Claimed conditions

sleep apnea, bipolar disorder with mixed features, ADHD in near total remission, degenerative disc disease and intervertebral disc syndrome of the lumbar spine, status post laminotomy and partial diskectomy, left shoulder, status post total shoulder arthroplasty, right shoulder tendonitis, radiculopathy of the left lower extremity, right lower extremity radiculopathy, left foot first and second toe numbness, status post benign peripheral nerve sheath tumor removal

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 18, 2025

Citation

25002287

Want to see how appeals like this one tend to go? Appeals like mine