Sleep apnea decisions — 2021

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as the symptoms began during active duty service.

The Board denied the Veteran's claim for SMC based on statutory housebound status as he does not have a single service-connected disability rated totally disabling, to include consideration of total disability based on individual unemployability (TDIU).

The Board has decided to remand the Veteran's claims for service connection and rating determinations due to outstanding VA and private treatment records, as well as a need for medical opinions regarding his sleep apnea and scars.

The Board has remanded the Veteran's claims of service connection for a cervical spine disability and sleep apnea due to inadequate opinions in the previous VA examinations. The Veteran testified about neck injuries and sleep-related problems during service, which need to be evaluated again by VA clinicians.

The Board denied service connection for obstructive sleep apnea as there was no in-service injury, disease or event related to the condition. The Veteran's current diagnosis is from 18 years after service separation and there is no evidence of a link between his current sleep apnea and any events during service.

The Board has remanded the Veteran's claims for service connection and increased ratings due to inadequate VA opinions regarding his left foot, left hip, low back, and left knee disabilities. The claims will be further evaluated with new medical opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and conflicting opinions regarding his claimed disabilities. The VA is instructed to obtain all relevant records, including SSA records, and provide additional medical opinions on the origin of his heart disabilities and obstructive sleep apnea.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating due to lack of forward flexion of more than 30 degrees or favorable ankylosis.,The Veteran's left and right lower extremity radiculopathy are both currently rated at 20 percent.

The Veteran's service-connected residuals of a deviated septum status post rhinoplasty is found to be at least as likely as not the cause or aggravation of his current obstructive sleep apnea.

The Board has ordered a remand due to the inadequacy of the January 2021 VA examiner's opinion regarding whether the Veteran’s sleep apnea is related to service and/or caused by or aggravated by his service-connected PTSD. The examiner needs to provide an addendum addressing these issues.

The Board has determined that the Veteran's sleep apnea is related to his service, and therefore grants service connection for this condition.

The Board has granted service connection for right ear hearing loss disability and sleep apnea. The claim of service connection for gastroesophageal reflux disease (GERD) to include as secondary to post-traumatic stress disorder (PTSD) is remanded, and the increased rating for residuals of traumatic brain injury (TBI) is also remanded.

The Board denied service connection for bilateral hearing loss disability and granted service connection for tinnitus. Service connection was not established for obstructive sleep apnea.,There is no evidence of a current disability in the case of bilateral hearing loss, as all VA audiological examinations found normal hearing.

The Board has remanded the Veteran's claim of service connection for obstructive sleep apnea (OSA) with CPAP, to include as secondary to obesity caused or aggravated by his service-connected right knee disability. The case is being returned for additional development.

The Board has decided to remand the claim for a disability rating in excess of 10 percent for lumbosacral strain prior to July 28, 2016, and in excess of 40 percent thereafter due to insufficient examination findings.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a disease or injury during active duty and no current disability. The Board also found that the Veteran's current sleep apnea is not related to his military service.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's service-connected psychiatric disability causes or aggravates his sleep apnea. The VA must obtain a new opinion from another examiner.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, lumbar spine disability, and bilateral knee disability due to lack of evidence linking these conditions to his military service.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's Obstructive Sleep Apnea (OSA) began during service, and thus grants service connection for OSA.

The Board has determined that the VA examinations conducted in connection with these claims were inadequate and did not comply with the prior remand instructions. The Veteran's sleep apnea claim is being remanded for an addendum medical opinion, while his nonmelanoma skin cancer claim remains pending as it does not involve herbicide exposure.