Sleep apnea decisions — 2019

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea and gastroesophageal reflux disease (GERD) require additional medical examination to address the relationship between these conditions and his service-connected psychiatric disability and/or traumatic brain injury.

The Board has dismissed the Veteran's appeals for increased ratings on lumbosacral strain, right sciatica, and major depressive disorder (including PTSD) as they are part of an active legacy appeal. The issues have not been withdrawn.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is related to his active duty and ACDUTRA service, granting service connection for OSA.

The Board denied service connection for sleep apnea and remanded the claims for hypertension, TDIU, and Dependents' Education Assistance.

The Board has remanded the Veteran's claims for hypertension and sleep apnea due to incomplete development. The hypertension claim requires a new opinion addressing herbicide exposure, while the sleep apnea claim needs an addendum opinion considering lay statements of service onset.

The Veteran's claim for service connection for sleep apnea has been reopened, and the Board has remanded the case to obtain a VA examination. The Veteran is also being remanded for any available vocational rehabilitation records related to his TDIU claim.

The Board denied the Veteran's claim of service connection for a lumbosacral spine disability, finding that there is no evidence to support an in-service injury and concluding that his current condition is not related to active military service.

The Veteran's low back disability is being remanded for further examination and evaluation due to his assertion of increased severity since the last VA examination in October 2015, including flare-ups.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his active duty military service.

The Board denied the Veteran's claims for service connection of right and left knee disabilities, as well as his claim for a rating in excess of 10 percent for lumbosacral strain with degenerative changes. The appeal was also remanded for further action on other issues.

The Veteran's service-connected disabilities, including PTSD and low back disability, have rendered him unemployable as of September 5, 2013. The Board has granted TDIU based on the combined rating of his service-connected conditions.

Service connection for chronic fatigue syndrome has been withdrawn.,Service connection for sleep apnea, as secondary to service-connected PTSD, is granted.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea before the Board made a decision.

The Board vacated the October 2019 decision that denied service connection for diabetes mellitus, Type II and OSA and remanded a claim for a bladder condition. The Veteran's previously denied claim for service connection for diabetes mellitus was reopened due to new evidence submitted after November 2006. Service connection for diabetes mellitus, Type II is denied as there is no evidence it is related to service or a service-connected disability.

The Board has denied service connection for obstructive sleep apnea and remanded the psychiatric appeal, including claims for PTSD and depressive disorder. The TDIU claim is also remanded.

The Board has determined that the Veteran's sleep apnea is not related to her service-connected hypertension, and instead more likely due to obesity. The other conditions listed are remanded for further review.,The Veteran’s claims for left shoulder disability, low back disability, bilateral foot disabilities, gastrointestinal disability (GERD), right hip disability, bilateral knee disability, and bilateral ankle disability are all being remanded.

The Board has remanded the claims of service connection for low back disability, diabetes mellitus type II, hypertension, and obstructive sleep apnea due to unresolved issues and need for further development.

The Veteran's current obstructive sleep apnea disability was incurred in, or is otherwise related to, his active duty. The Board finds that the evidence supports a finding of service connection for the Veteran’s obstructive sleep apnea.

The Veteran's claims for service connection for a respiratory disorder, to include sleep apnea, are reopened. However, the Board has determined that additional development is needed due to the lack of a recent VA examination and remands the case for such an examination.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypertension due to in-service symptoms, as well as secondary to PTSD. The claims are being remanded because they are inextricably intertwined with his petition to reopen a claim for service connection for PTSD.