Sleep apnea decisions — 2020

The Veteran's service connection claims for a left shoulder disorder, right shoulder disorder, left hip disorder, right hip disorder, lumbar spine disorder, obstructive sleep apnea, and tinnitus have been reopened. The Board found the January 2007 VA examiner’s opinion more probative than the physician's opinion in determining that these conditions are less likely due to his active service.

The Board has granted service connection for sleep apnea on a secondary basis, finding that it is caused or aggravated by the Veteran's service-connected PTSD.

The Board denied service connection for a respiratory condition and obstructive sleep apnea, finding that the evidence did not support a link to active service or exposure to asbestos.

The Board has granted service connection for sleep apnea but denied service connection for obesity, finding that the Veteran's sleep apnea began in service and is related to his military service. The denial of service connection for obesity is based on the lack of a diagnosed chronic disability associated with the condition.

The Veteran's GERD was granted service connection as it began during active service. The remaining issues on appeal are remanded for further examination and opinion.

The Board has remanded the Veteran's claim for sleep apnea due to insufficient evidence regarding its etiology. The examiner is requested to provide opinions on whether the Veteran's service-connected sarcoidosis may have caused or aggravated his diagnosed sleep apnea, and whether there is a link between his Gulf War deployments and his sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected generalized anxiety disorder with panic attacks, insomnia disorder and persistent depressive disorder. The decision is based on evidence showing that the weight gain and obesity resulting from the service-connected mental health conditions are substantial factors in causing the Veteran's obstructive sleep apnea.

The Board denied the Veteran's claims for earlier effective dates for service connection due to the law prohibiting payment of benefits before the first day of the month following the month in which the award became effective.

The Board has remanded the Veteran's claims for increased disability evaluations and service connection, as well as his claim of entitlement to a waiver of recoupment of separation pay. The Veteran is required to undergo VA examinations and all available VA treatment records must be associated with his claims file.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's sleep apnea, including considering environmental exposures in Southwest Asia. The case will be remanded for further action.

The Veteran's appeal for service connection of multiple conditions was denied. The Board is remanding the case to develop and adjudicate his claims.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding no evidence of a current disability related to service or service-connected conditions.

The Veteran's service-connected PTSD is found to have aggravated his obstructive sleep apnea (OSA), which has been granted as secondary to the service-connected PTSD. The remaining issues are remanded for further development.

The Board denied service connection for sleep apnea as it is not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Veteran has withdrawn all his appeals regarding service connection and rating issues, including those related to sleep apnea, headaches, seasonal allergic rhinitis, lumbar strain, neuropathy of the left lower extremity (LLE), TDIU, and DEA. The appeal is dismissed.

The Board has remanded the case due to an issue with the delivery of a Supplemental Statement of the Case (SSOC). The Veteran's claim for service connection for sleep apnea is not yet properly before the Board.

The appeal with respect to entitlement to a TDIU prior to March 1, 2018 is dismissed. The issue of service connection for sleep apnea is remanded.

The Board has decided to remand the case due to insufficient reasoning in a previous medical opinion regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected PTSD.

The Board has remanded the Veteran's claims for sleep apnea, hiatal hernia, and GERD due to inadequate examination reports. The claims will be reviewed with additional medical inquiry.

The Veteran's claims for service connection for residuals of TBI, initial compensable evaluation for anxiety disorder prior to March 2, 2011, and an evaluation of 30 percent for anxiety disorder beginning March 2, 2011 are denied. The claim for a higher initial evaluation for lumbosacral strain is also denied.