Sleep apnea decisions — 2021

The Board dismissed the Veteran's appeals regarding service connection for various conditions, including headaches, a left hip condition, syrinx cervical spine (tethered spinal cord), hyperactive reflexes and nerve condition/dysfunction/syringohydromyelia, and sleep apnea.

The Board has reopened the claim for service connection for obstructive sleep apnea (OSA) due to new and material evidence. The rating for arteriosclerotic heart disease remains unchanged from November 1, 2012 to February 2, 2017, with a TDIU granted during this period.

The Board has denied service connection for obstructive sleep apnea and hiatal hernia, but has remanded the issue of TBI residuals.,The case is being returned to the RO for further review.

The Board has remanded the Veteran's claims for service connection for a right knee disability and sleep apnea due to incomplete verification of his military service, lack of associated records, and need for new etiology opinions.

The Board has granted service connection for obstructive sleep apnea (OSA) as it is attributable to service.

The Board has determined that the Veteran's sleep apnea is service-connected, as it had its onset during active military service and there is no clear evidence against this finding.

The Board has granted service connection for moderate restrictive lung disease and obstructive sleep apnea (OSA), finding that these conditions are causally related to the Veteran's military service in Vietnam, including exposure to herbicide agents.

The Board has decided to remand the case for further development, including obtaining a medical opinion on whether service-connected disabilities caused the Veteran's obesity and if that obesity was a substantial factor in causing his sleep apnea.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities such as respiratory/pulmonary disability, heart disability (coronary artery disease), hypertension, circulatory disability, skin condition (solar lentigo), sleep apnea, allergies, general arthralgia, right eye disability, peripheral neuropathy of the lower extremities, and an acquired psychiatric disorder. The issues have been remanded due to inadequate record and need for additional development.

The Board has determined that the VA examination did not comply with the previous remand directive and thus the case must be returned for further development.

The Veteran's service-connected lumbosacral strain with degenerative joint disease is currently rated at 20 percent, which is the maximum rating available under VA regulations. The Board finds that his condition does not warrant a higher rating as it has not resulted in ankylosis or other functional equivalent of ankylosis.

The Veteran's right ear hearing loss does not meet the criteria for a disability under VA standards. The issues of entitlement to service connection for sleep disturbance and bilateral knee condition are remanded due to inadequate medical opinions.

The Board has granted service connection for PTSD, but has remanded the issue of secondary service connection for OSA due to COPD.

The Board has remanded the cases for further examination and opinion regarding the Veteran's erectile dysfunction, sleep apnea, and skin condition. The cases are not yet decided.

The Board has remanded the case due to an inadequate VA examiner's opinion regarding whether the Veteran's obstructive sleep apnea began during a period of active duty. The Veteran believes his condition started after deployment in Iraq from 2009-2010.

The Veteran's PTSD and OSA are currently rated at 50 percent each, which represents occupational and social impairment with reduced reliability and productivity.,The Veteran's sleep apnea does not result in chronic respiratory failure or require a tracheostomy.

The Board has decided to remand the case due to a duty-to-assist error, requiring an additional examination and medical opinion regarding the relationship between the Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood and his diagnosed obstructive sleep apnea.

The Board has dismissed the Veteran's claims for service connection as these issues have been fully granted in a June 2021 rating decision.

The Board has granted service connection for cervical spine and low back disabilities, as well as peripheral neuropathy of the left and right upper extremities. Service connection is also granted for an acquired psychiatric condition (including PTSD and MDD).,Service connection was denied for sleep apnea due to a lack of evidence linking it to the Veteran's service-connected musculoskeletal disabilities.

The Veteran's claims for service connection for various conditions, including trauma of the head and body, joint pain, loss of motor skills associated with psychomotor seizures, and degenerative disc disease of the lumbosacral spine, are all denied. The Board found that there was no evidence linking these conditions to service or any in-service injury.