Sleep apnea decisions — 2019

The Board has decided to remand the case due to a duty-to-assist error, and requires further examination and opinion regarding whether the Veteran's sleep apnea is related to his service-connected condition.

The Board has decided that the Veteran does not have colon cancer and denied service connection for it. The issues of service connection for sleep apnea and headaches (secondary to sleep apnea) are remanded due to procedural errors.

The Board has remanded both issues for further development, including providing the Veteran with a VA examination that complies with the requirements in Sharp v. Shulkin and Correia.

The Board has remanded the Veteran's claims for service connection for sleep apnea and TDIU due to inextricably intertwined issues. The case will be returned to the VA examiner who provided the March 2019 examination.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, but denied service connection for hypertension and a back disorder.

The Board has remanded the claim for service connection of OSA, as secondary to PTSD. The Veteran's current diagnosis of sleep apnea is related to his service-connected PTSD.

The Board has remanded the case due to conflicting medical opinions regarding whether the Veteran's service-connected low back disability caused him to become obese, which in turn caused his obstructive sleep apnea (OSA).

The claims for service connection have been remanded due to the submission of new and material evidence. The Veteran's right wrist, left ring or little finger disabilities, obstructive sleep apnea, hallux valgus of the right great toe, and prostate cancer are being reviewed again.

The Board has remanded the case due to incomplete records and a need for an addendum opinion regarding the etiology of the Veteran's sleep apnea. The AOJ is instructed to obtain any missing treatment records from Fort Leonard Wood, Missouri, Army Hospital and conduct further development as needed.

The Board has granted service connection for nasal obstruction and chronic sinusitis. The Veteran's claims for bilateral hearing loss, sleep apnea, arteriosclerotic coronary artery disease (cardiovascular), and hypertension are remanded due to the need for further medical examination and opinion.

The Board has decided that further development is needed for the Veteran's claim of service connection for sleep apnea due to a lack of adequate examination and consideration of relevant evidence, including a medical study linking PTSD and Gulf War service with sleep apnea.

The Board has remanded the TDIU issue on appeal due to failure to substantially comply with previous instructions, including requesting updated employment information and considering whether the Veteran's post-2010 employment is considered 'marginal' employment.

The Board has remanded the Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder (including depression, anxiety and PTSD) due to a lack of medical evidence and need for further examination.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it began during his military service and is related to his in-service symptoms.

The Veteran's service-connected acquired psychiatric disability is found to be causally related to her obstructive sleep apnea, which has been granted as secondary to the service-connected condition.

The Veteran's service connection claim for obstructive sleep apnea and headaches has been granted. The effective date of the award is December 30, 2012.,Service connection for bilateral hearing loss was granted with an effective date of December 30, 2012.

The Board has decided to remand the case due to insufficient rationale in a previous VA medical opinion regarding whether the Veteran's service-connected disabilities caused his sleep apnea and if so, whether it aggravated his obstructive sleep apnea.

The Board has remanded the claims for service connection for various conditions including bilateral patellofemoral syndrome, heart disorder, sleep apnea, radiculopathy of upper and lower extremities, and GERD. The effective dates for awards are not addressed in this decision.

The Board has reopened the Veteran's claims for service connection for erectile dysfunction, sleep apnea, and hypertension. The claim for tinnitus remains denied as new evidence does not relate to unestablished facts necessary to substantiate it. The claim for loss of teeth is denied due to lack of a current disability characterization. The claim for hyperlipidemia is denied because it is a laboratory finding. The Board has also remanded the Veteran's claim for service connection for erectile dysfunction.

The Board has vacated the part of its July 18, 2019 decision that denied service connection for a psychiatric disability and OSA. Service connection for OSA is granted. The remaining issue of service connection for a psychiatric disability is remanded.