Sleep apnea decisions — 2020

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The examiner must consider the Veteran’s statements and service treatment records in determining if his sleep apnea is related to military service.

The Board has determined that the Veteran's sleep apnea had its onset during active duty service and granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea has been dismissed due to his death.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to his military service or his service-connected conditions.

The Veteran's initial claim for a higher rating for his low back disability and radiculopathies of the lower extremities was denied. The TDIU claim prior to January 14, 2014, was also denied.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred in or aggravated by his active duty and is not related to his service-connected diabetes mellitus.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current conditions are related to his in-service head injuries. Additional development, including obtaining updated VA treatment records and a new medical opinion, is required.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD and/or bilateral knee conditions, was denied. The Board found no new and material evidence to reopen the claim.,Service connection for hypertension was also denied.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since October 6, 2016. The appeal is remanded for further development including additional VA examinations to assess the current severity of his left shoulder and back disabilities.

The Board has remanded the claims of service connection for sleep apnea and TDIU due to concerns with the examination provided in March 2020. The examiner is asked to provide a new opinion addressing causation and aggravation.

The Board has granted service connection for a psychiatric disorder, diagnosed as major depressive disorder. The remaining issues of entitlement to service connection for sleep apnea, hypertension, and diabetes mellitus are remanded.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected acquired psychiatric disorder, needs further examination and evidence. The Veteran will be given a chance to provide additional medical records and may have a hearing before the Board.

The Board has determined that the Veteran's obstructive sleep apnea is related to service, granting his claim for service connection.

The Veteran's claims for service connection for prostate cancer and obstructive sleep apnea have been denied as there is no evidence of in-service exposure to herbicide agents or other environmental hazards, and the preponderance of the evidence does not support a finding that these conditions are related to his military service.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder and obstructive sleep apnea due to incomplete information from the Veteran regarding his private treatment records from Kaiser. The AOJ is instructed to provide clear instructions on how to obtain these records.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including for his right-hand disability, obstructive sleep apnea, service-connected low back disability, and acquired psychiatric disability. The appeals are being remanded to allow for further development of the record.

The Veteran's lumbosacral strain with wedging of the thoracic vertebrae was denied for a rating in excess of 40 percent beginning on August 31, 2017.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected insomnia, finding that the Veteran’s sleep apnea was aggravated by his service-connected insomnia.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to June 28, 2013.

The Board dismissed the appeals for service connection of sleep apnea and for an earlier effective date for PTSD due to the Veteran's death.