Sleep apnea decisions — 2021

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as it was not incurred in or caused by his military service, and there is no evidence that OSA is related to a service-connected disability.

The Veteran's sleep apnea is related to his military service and the claim for service connection has been granted.

The Board has remanded the case due to issues with service connection for obstructive sleep apnea, including as secondary to PTSD and due to exposure to Agent Orange. An addendum opinion is needed regarding causation and aggravation of the condition by PTSD.

The Veteran's service-connected major depressive disorder is found to be etiologically related to his sleep apnea, granting service connection for sleep apnea. The claim of diabetes mellitus was remanded due to insufficient evidence.

The Board has remanded several issues related to the Veteran's service connection claims, including sleep apnea, ischemic heart disease, prostate cancer, diabetes mellitus type II, hypertension, and TDIU. The remand is due to incomplete compliance with prior directives and the need for further VA medical opinions.

The Veteran's claim for a compensable rating for leiomyosarcoma was denied as there is no active disease or residual impairment of function. The Board found that the evidence did not demonstrate current disability and that the available schedular evaluations were adequate.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected lumbosacral strain with degenerative arthritis of the spine and bilateral extremity radiculopathy was granted. The decision also reopened the Veteran's previous denied claim.

The Veteran's claims for service connection for adjustment disorder, bilateral hearing loss, right and left ankle strains, and OSA have been granted. The Board found that the evidence is at least evenly balanced as to whether these conditions are related to service.

The Board has found that further development is needed for the Veteran's claims of service connection for sleep apnea and left shoulder disability, to include arthritis. The claims are being remanded for additional examinations.

The Board has granted service connection for sleep apnea and headaches, finding that these conditions are at least as likely as not caused by or aggravated by the Veteran's service-connected major depressive disorder.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a current disability and that it was not present during or within one year after service. The Board also found that the Veteran did not have a continued problem with sleep apnea in and since service more than 50 years ago.

The Board has reopened the previously denied claims of service connection for hypertension and sleep apnea, but has remanded these issues due to a lack of VA examinations.

The Veteran's lumbar spine disability was rated as 10 percent prior to January 9, 2020 and as 20 percent from November 9, 2020 onwards. The cervical spine disability was rated as 10 percent prior to January 9, 2020. Tension headaches were not assigned a compensable rating.,The Veteran's lumbar spine disability is currently rated at 40 percent since November 9, 2020.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it is not secondary to his service-connected PTSD or diabetes mellitus, type II. The Board also found no direct evidence linking the sleep apnea to his active duty service.

The Veteran has withdrawn his appeals for reduced cognitive function, sleep apnea claimed as sleep disturbance, skin disorder (other than eczematous dermatitis), and major depressive disorder with anxiety disorder NOS.

The Veteran's full-time employment status means he is not eligible for a TDIU, as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has remanded the case due to incomplete development and need for an addendum opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a lumbar spine condition due to incomplete VA treatment records and inadequate etiological opinions. The AOJ is instructed to obtain all relevant VA treatment records, including those from South Texas VAHCS, and to provide an updated opinion regarding the etiology of the Veteran's conditions.

The Board denied service connection for obstructive sleep apnea and reduced the rating for total abdominal hysterectomy, finding no current diagnosis of sleep apnea during the appeal period and insufficient evidence linking it to service.

The Veteran's claims for bilateral pes planus, sleep disorder (presumably sleep apnea), peripheral vascular disease, right leg cellulitis, hypothyroidism, and migraine headaches are being remanded due to the need for additional development of his service records. The VA will attempt to obtain any missing STRs and provide opinions on whether these conditions are secondary to a service-connected disability.