Sleep apnea decisions — 2021

The Veteran's PTSD symptoms from October 23, 2010, through February 23, 2019, more closely approximated a 50 percent disability rating for occupational and social impairment with reduced reliability and productivity. The Board found the evidence did not support a higher rating due to lack of other associated symptoms.

The Board has remanded the issues of service connection for sleep apnea, a headache condition, and hypertension due to insufficient evidence in the record.

The Board has remanded the Veteran's claims for service connection for rosacea, nocturnal seizures, and muscle weakness due to exposure to toxins at Fort McClellan, Alabama. The case is sent back for further examination.

The Veteran's sleep apnea is not service-connected as it did not begin during his active duty and there is no direct evidence linking it to a service event or injury. The Board found the preponderance of evidence against the claim.

Your appeals have been dismissed as the appellant has withdrawn them.

The Board has determined that the Veteran's current low back disability was not incurred during service and is less likely caused by a hard landing in a helicopter, thus denying his claim for service connection.

The Veteran withdrew his appeals for service connection of esophageal reflux, hypertension, hyperlipidemia, obstructive sleep apnea, and asthma. As a result, the Board dismissed these appeals.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not have its onset in service and is not otherwise causally related to his service-connected eczema.

The Veteran's sleep apnea is granted as service-connected. The rating for PTSD remains at 50 percent, and the Veteran's erectile dysfunction is remanded for further evaluation.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, specifically her exposure during service.

The Veteran's obstructive sleep apnea is granted as service-connected.,For the period prior to January 2021, a higher rating for left knee flexion disability was denied. For the period from January 2021 onwards, a higher rating for left knee extension disability was also denied. A separate rating of 20 percent for recurrent subluxation or lateral instability was granted from December 2019. The Veteran's left knee scar is not compensable.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional development.

The Board denied service connection for a lumbosacral spine disability, to include chronic myositis of the paralumbar spine muscles, and for a bilateral ankle disability due to lack of evidence linking these conditions to active service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, left shoulder DJD, right shoulder DJD, lumbar spine DJD, and right knee DJD. The decision is based on a lack of evidence linking these conditions to his military service.,Service connection was not granted as the Board found no medical evidence that any of the Veteran's claimed disabilities were incurred or aggravated by his active duty.

The Board has determined that further development is necessary before the claims can be adjudicated. The Veteran's service-connected disabilities have not been fully evaluated, and there are issues regarding his ability to work due to his insomnia and knee conditions.

The Board has determined that additional examinations are needed to determine the relationship between the Veteran's current disabilities and his military service. The claims for service connection will be remanded.

The Board has remanded the case due to a lack of substantial compliance with previous instructions, particularly regarding the etiology of the Veteran's sleep apnea disorder. The AOJ must obtain a new VA addendum opinion from the same September 2021 VA physician or another qualified VA clinician that addresses the medical treatise article on PTSD and sleep apnea.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypertension due to inadequate opinions regarding the relationship between these conditions and his service-connected disabilities, as well as a failure to consider additional lay evidence submitted by the Veteran.

The Board has remanded the Veteran's claims of service connection for a headache disability and recurrent sleep disability due to deficiencies in the VA examinations conducted. The Veteran is required to undergo further evaluations by medical doctors.

The Board has determined that the January 2019 VA examination report did not raise a secondary service connection theory of entitlement for sleep apnea. The appeal is remanded to determine if the Veteran's OSA is related to his Gulf War service.