Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for ischemic heart disease, prostate cancer, type II diabetes mellitus, sleep apnea, and a respiratory disorder due to potential service connection based on herbicide exposure. The claims are held in abeyance pending further examination of the respiratory issue.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his multiple service-connected disabilities (left knee tendonitis, degenerative disc disease of the lumbar spine, right shoulder dislocation, and somatic symptom disorder) have aggravated his current OSA. The decision also reopened the previously denied claim.

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

The Veteran's service-connected PTSD, OSA, and tinnitus rendered him unable to obtain and maintain substantially gainful employment from July 15, 2014 to December 13, 2018. Effective October 29, 2019, his combined evaluation for compensation was 90 percent, qualifying him for SMC at the statutory housebound rate.

The Board has remanded the claims for service connection for scleroderma and obstructive sleep apnea, as well as the TDIU claim due to incomplete adjudication of the scleroderma increased rating claim. The case will be readjudicated with an addendum opinion on the relationship between the Veteran's sleep apnea and military service.

The Board denied the Veteran's claim for service connection for a sleep disability, including sleep apnea, finding that there is no evidence of a current disability and insufficient link to service or service-connected conditions.

The Veteran's sleep apnea is found to have begun during his active duty service and continues to the present. The Board has granted service connection for this condition.

The Board has remanded the case due to deficiencies in the April 2019 and May 2019 VA medical opinions, which did not consider the Veteran's lay statements regarding his symptoms. The case is now being reviewed by the AOJ for additional evidence.

The Veteran's hearing loss, right index finger scar, and lumbosacral strain have increased in severity since his last VA examinations. The Board has ordered remand for the Veteran to be provided with new VA examinations to determine the current severity of these conditions.

The Board has remanded the claims for service connection for major depressive disorder and obstructive sleep apnea due to insufficient medical opinions regarding whether these conditions are aggravated by the Veteran's service-connected diabetes mellitus or diplopia. The VA must obtain retrospective opinions addressing this issue.

The Veteran's claims for service connection are remanded due to insufficient evidence regarding his in-service exposure to herbicide agents. Additional development is needed, including obtaining medical records and verifying the Veteran's claimed exposures.

The Board has remanded the claims for post-traumatic degenerative changes of the right knee, left knee, and lumbosacral strain due to outstanding VA treatment records potentially relevant to these issues.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his military service and denied his claim for service connection.

The Board has denied the Veteran's claim for service connection for lumbosacral strain, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the case due to concerns about the competency of the VA examiner and insufficient evidence to grant service connection for obstructive sleep apnea.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's claim of service connection for sleep apnea is denied, and her claim to reopen a cervical spine disability claim is also remanded.

The Board has decided that the VA examination is inadequate for adjudicative purposes and remands the case for further action, including a new examination by a pulmonologist or other similarly qualified sleep specialist to determine the nature and etiology of the Veteran's obstructive sleep apnea.

The Board has remanded several service connection claims due to insufficient evidence, including for left hip condition secondary to bilateral knee chondromalacia, right hip condition secondary to bilateral knee chondromalacia, degenerative arthritis of the spine, sleep apnea secondary to PTSD, and an acquired psychiatric disorder other than unspecified depressive disorder.

The Veteran's obstructive sleep apnea is due to weight gain during active duty service and has been granted as a direct service connection.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus the claims for service connection for diabetes mellitus type II and obstructive sleep apnea are being remanded for further development.