Sleep apnea decisions — 2021

The Board has granted service connection for right and left hip disorders that are secondary to the Veteran's service-connected lumbosacral strain and bilateral knee disabilities. The issues of increased ratings for the Veteran's bilateral knee disabilities have been remanded.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for OSA and a psychiatric disorder (other than PTSD), including other specified REM behavior disorder and depression. The preponderance of the evidence does not show an in-service disease or injury, nor a nexus between any current disability and military service.

The Board has decided to remand the case due to further development being required, specifically a VA examination to determine if sleep apnea is related to service.

The Board has remanded the Veteran's claims for increased PTSD rating, service connection for OSA secondary to PTSD, and TDIU due to PTSD. The Veteran needs a VA examination to assess his current PTSD symptoms and whether his OSA is caused or aggravated by his PTSD.

The Board has decided to remand the case for further development and clarification of the service connection for obstructive sleep apnea (OSA).

The Board has remanded the issues of service connection for obstructive sleep apnea and an effective date earlier than May 19, 2014 for the grant of service connection for major depressive disorder.

The Board has decided to remand the case for further development and an updated opinion regarding the Veteran's obstructive sleep apnea.

The Board has determined that the Veteran's retinitis pigmentosa clearly and unmistakably existed prior to his period of active duty service, but the symptoms first manifested during service. The Board also found no clear and unmistakable evidence showing that the condition was not aggravated by military service.

The Veteran's current sleep apnea is found to be etiologically related to, or aggravated by, his service-connected adjustment disorder. The Board grants the claim for service connection for obstructive sleep apnea as secondary to service-connected adjustment disorder.

The Veteran's right knee, hip and lumbar spine disorders are granted as secondary to his service-connected right foot injury.,An increased rating of 20 percent for the Veteran’s right foot disorder is granted.

The Board has decided to remand the Veteran's claim for obstructive sleep apnea as there is insufficient evidence to determine if it is related to service. The RO must obtain VA treatment records, review the file, and schedule a VA examination.

The Board has determined that the VA examinations and opinions provided are inadequate for several of the issues on appeal. The claims must be remanded to obtain additional medical opinions addressing the etiology of the Veteran's disabilities, as well as any aggravation or secondary service connection.,The Board also notes that some of the issues have not been fully developed with respect to obtaining treatment records and other evidence.

The Board has denied service connection for skin cancer due to lack of evidence showing a chronic disability in service or within the applicable presumptive period. The Veteran's claim for secondary sleep apnea is remanded as there is insufficient medical opinion regarding whether PTSD caused or aggravated the Veteran’s current sleep apnea.

The Board has determined that remand is necessary for the Veteran's claims of service connection for sleep apnea and an acquired psychiatric disorder other than PTSD due to incomplete medical opinions and lack of VA examinations.

The Veteran's claim for service connection for obstructive sleep apnea was denied because the evidence did not show a link between his in-service symptoms and later-diagnosed sleep apnea. The claim for TDIU based on his commercial driver’s license loss due to shortness of breath was also denied as he could still perform essential functions of employment despite his service-connected conditions.

The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease is rated at 20 percent, which is the maximum rating available under the applicable diagnostic codes. The right knee patellar tendonitis is rated at 10 percent, while the left knee patellar tendonitis is also rated at 10 percent.

The Board has remanded the Veteran's claims for sleep apnea and low back disability due to inadequate development. The issues are being remanded for further examination and opinion regarding the nature and etiology of these conditions, as well as their relationship to service-connected disabilities.

The Board has decided to remand the claims of a compensable rating for hypertension and service connection for sleep apnea due to new evidence received after the March 2019 decision. The Veteran's hypertension claim is being remanded for consideration of staged ratings, while the sleep apnea claim requires an addendum opinion regarding whether it is 'undebatable' that the condition existed prior to his period of active service and was not aggravated by periods of active duty.

The Board has dismissed the appeals for service connection of obstructive sleep apnea and tension headaches due to the Veteran's death.

The Board has decided to remand the Veteran's claim for sleep apnea as there are incomplete service treatment records and military personnel records, which need to be obtained.