Sleep apnea decisions — 2021

The Veteran's appeal is remanded for further development, including obtaining VA and private treatment records related to his asthma, scheduling a new examination to determine the etiology of his obstructive sleep apnea, clarifying whether he has required intermittent corticosteroid treatments for his asthma, and providing an addendum opinion on the current severity of his service-connected asthma.

The Board has remanded the claims for service connection due to inadequate medical opinions and outstanding records. The Veteran's testimony will be considered in determining if his conditions are related to service or secondary to a service-connected disability.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any respiratory disability, such as obstructive airway disease and asthma. The Veteran's service connection claims for these conditions are not yet decided.

The Veteran's claim for service connection for lumbosacral strain (claimed as major back pain (upper and lower)) was granted in a February 2021 rating decision, which constitutes a full grant of benefits. As the benefit sought on appeal has been granted, there remains no case or controversy with respect to this issue.

The Veteran's sleep apnea had its onset during service and the Board has determined that it is related to his military service, granting service connection for sleep apnea.

The Veteran's claims for service connection for sleep apnea, chronic fatigue syndrome (CFS), and bilateral restless leg syndrome (RLS) as secondary to PTSD have been denied. The Board found that the evidence did not support a finding of current disabilities or a causal relationship between these conditions and PTSD.

The Veteran's claims for service connection were denied for TBI, Type II Diabetes Mellitus, Hypertension, and various diabetic peripheral neuropathies. The Board also denied increased ratings for PTSD, right upper extremity radiculopathy, right shoulder subacromial decompression, left shoulder distal clavicle resection, cervical spine strain, and right knee strain.

The Board has determined that the Veteran's obstructive sleep apnea arose in service and granted his claim for service connection.

The Board has decided to remand the case due to inadequate opinions regarding the cause and aggravation of the Veteran's sleep apnea by his service-connected disabilities.

The Board has determined that the evidence is in equipoise as to whether the Veteran's obstructive sleep apnea was incurred during active service, and therefore grants service connection for this condition.

The Board denied service connection for benign hypertrophy of the prostate, hypertension, and sleep apnea as there was no evidence linking these conditions to service or a service-connected disability.

The Board has remanded the claims for service connection due to missing military records and incomplete information about the Veteran's periods of active duty, inactive duty for training, and active duty for training. The RO is required to verify these details through official sources.

The Board has granted service connection for depression and sleep apnea syndrome, finding that these conditions are related to the Veteran's military service.

The Board has decided to remand the cases due to incomplete service records and need for further development regarding the Veteran's sleep apnea and left knee disability claims.

The Veteran's service-connected unknown febrile illness (claimed as malaria and cerebral malaria) is not active, resulting in no residuals other than the symptoms of epilepsy with mesial temporal sclerosis. The Veteran's epilepsy with mesial temporal sclerosis was rated based on its severity prior to September 9, 2019, and from that date onwards, a higher rating of 60 percent has been granted.

The Board has decided to remand the claims for service connection for right shoulder, right knee, headaches, and sleep apnea due to inadequate examination opinions.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD, but denied service connection for a headache disorder. The Veteran's TDIU claim prior to March 15, 2016 was also denied.

The Board has remanded the claims of service connection for COPD, OSA, and diabetes mellitus type II due to inadequate etiology opinions provided by VA examiners. The examiner is required to provide a new opinion addressing whether these conditions are related to active duty service.

The Board denied service connection for a cervical spine disorder and obstructive sleep apnea, finding that there was no in-service injury or disease related to these conditions. The weight of the evidence showed that the Veteran did not have chronic symptoms during service or within one year after separation, and that the lumbar spine disability did not cause or worsen the cervical spine disorder or obstructive sleep apnea.

The Board denied service connection for a heart disorder, hypertension, and obstructive sleep apnea as the evidence did not establish an in-service injury or disease, and there was no current disability. The Veteran's claims were based on presumed continuity of symptomatology since service.