Sleep apnea decisions — 2021

The Veteran's appeals for increased ratings and TDIU have been dismissed as he withdrew his appeal in a November 2020 Appeals Satisfaction Notice.

The Board has determined that the Veteran's OSA is related to service and grants service connection for OSA.

The Board has remanded the Veteran's claims for lumbosacral spine disability, bilateral foot disability (pes planus), and recurrent left shoulder disability due to inadequate examinations. Further evaluations are needed to determine if these conditions are related to service or service-connected disabilities.

The Veteran's service-connected conditions, including obstructive sleep apnea, generalized anxiety disorder, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim based on these disabilities.

The Board has remanded the case due to an inadequate July 2019 examination, which found that the Veteran's obstructive sleep apnea was not related to service. The Court of Appeals for Veterans Claims (Court) instructed the Board to provide a new medical opinion regarding whether there is a nexus between the current diagnosis and in-service incurrence.

The Board has remanded the case due to an inadequate examination that did not properly address the Veteran's lay statements regarding a diagnosis of OSA shortly after service.

The Board has remanded the case due to an inadequate VA examination, and now requires a new addendum from the examiner regarding whether the Veteran's service-connected PTSD, sinusitis, and rhinitis aggravate his OSA.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service. A VA examination is needed to determine if there is a link between the condition and service.

The Veteran's claim for service connection for insomnia disorder is granted. The Board finds that additional development is necessary prior to the adjudication of the remaining issues, including a VA examination and review of relevant treatment records.

The Board has granted the Veteran's claim for an effective date of August 31, 1988 for service connection for lumbosacral strain and spondylolisthesis of L5 on S1 due to pre-existing conditions aggravated by service.

The Board has granted service connection for rosacea claimed as facial rash and denied service connection for unspecified anxiety disorder (claimed as an acquired psychiatric condition). The cervical spine claim is remanded.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected depression. The AOJ must obtain a VA medical opinion to clarify this etiology.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a link between his PTSD and his current sleep apnea.

The Board has restored service connection for PTSD and denied service connection for OSA, a right thumb disorder status post ganglion cyst removal, and a right thumb sarcoma.

The Board denied the Veteran's claim for service connection for sleep apnea disability, including as secondary to PTSD, finding that there was no causal relationship between his in-service sleeping issues and current obstructive sleep apnea.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and a right ankle disability, including degenerative joint disease. The decision found no causal relationship between these conditions and his military service.,There was insufficient evidence to support the Veteran's claim that his OSA is secondary to his service-connected IBS with GERD or that his right ankle DJD is related to his service.

The Veteran's service connection claims for obstructive sleep apnea, migraine headaches, and thyroid disability are all granted. The decision also denies the claim for a thyroid disability.

The Board has remanded the cases for further development and consideration. The Veteran's PTSD claim is being remanded due to a lack of an earlier effective date, while his respiratory disability and TDIU claims are being remanded for additional evaluations.

The Veteran's service-connected lumbar spine degenerative disc disease, left knee chondromalacia patella, and depressive disorder are found to have aggravated his previously diagnosed Obstructive Sleep Apnea (OSA) and Insomnia Disorder beyond their natural progression.

The Veteran's rating for sensory deficits of the right lower extremity associated with lumbosacral strain was reduced from 10 percent to 0 percent effective June 1, 2015. The Board has now restored the 10 percent rating.