Sleep apnea decisions — 2021

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his PTSD medication and obesity.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA) due to inadequate medical opinions and non-compliance with previous remand directives.

The Board has decided to remand the case due to insufficient evidence and a need for further development, including obtaining a VA examination.

The Board found that the Veteran's service-connected disabilities, alone, were not of sufficient severity to render him unable to secure and maintain substantially gainful employment prior to February 21, 2014.

The Board dismissed all appeals related to the Veteran's service-connected conditions, including an increased rating for lumbar spondylosis and entitlement to earlier effective date. The Veteran also had a TDIU appeal that was dismissed.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's OSA is related to service or secondary to his service-connected conditions. The VA must obtain a new examination and provide an opinion on both direct service connection and secondary service connection.

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for obstructive sleep apnea. The Veteran's claims of secondary service connection from asthma and aggravation by obesity are also being reviewed.

The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected lumbar spine disability and/or medications prescribed for such disability.

The Board has remanded the claims for service connection for obstructive sleep apnea and an increased rating for irritable bowel syndrome due to additional development being needed. The Veteran is a Gulf War veteran who may have symptoms of an undiagnosed illness or medically unexplained chronic multi-symptom illness related to his military service.

The Veteran's back disability, characterized as lumbosacral strain, degenerative disc disease, degenerative arthritis, and IVDS, was rated at 40 percent from February 11, 2013 to January 11, 2015. The Board found that the evidence did not show ankylosis or incapacitating episodes requiring bed rest prescribed by a physician during this period.

The Board granted a 10% disability rating for rosacea from September 5, 2014 to October 24, 2019. The Veteran's condition affected less than 20% of his exposed areas and no systemic therapy was required.

The Board has denied service connection for a bilateral hand disability, low back disability, chronic sinusitis and obstructive sleep apnea. The claims of service connection for the low back disability, chronic sinusitis and obstructive sleep apnea are remanded due to insufficient evidence.

The Veteran's restrictive lung disease with sleep apnea was granted a disability rating of 60 percent effective from May 28, 2013. The claim for higher ratings prior to that date is denied.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to service, specifically his exposure to oil well fires and burn pits.

The Veteran's claims for increased ratings for lumbosacral strain, right knee RPS, and left knee RPS are remanded due to inadequate VA examinations conducted in November 2020. Additional VA examinations are required that comply with Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected bronchial asthma and/or anxiety disorder, not otherwise specified.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his active duty service, including exposure to chemical agents, asbestos, and lead while serving aboard the U.S.S. Marshall, DD-676.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for a cervical spine disability. The Veteran's obstructive sleep apnea is found to have onset in service and the Board places weight on his credible report of symptoms during service.

The Board has decided that additional development is needed for the Veteran's claim of service connection for sleep apnea, including whether it was caused by his service-connected PTSD. The case will be remanded to allow for a VA examination and further analysis.

The Board has granted service connection for lumbar strain and denied service connection for sleep apnea as secondary to major depressive disorder.