Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for hypertension/blood pressure disability, transient ischemic attack/stroke, coronary artery disease (CAD), kidney disease, stage 3, headache disability, obstructive sleep apnea (OSA), and psychiatric disability due to inextricably intertwined issues.

The Veteran's claim for service connection for bilateral blindness due to retinitis pigmentosa with cataract extraction, implants and glaucoma was denied as his intent in filing the May 1982 VA Form 21-526 was to apply for nonservice-connected pension for bilateral blindness.

The Board has remanded the case due to the need for additional development, including obtaining private medical records and an adequate opinion regarding the etiology of the Veteran's hypertension.

The Board has remanded the Veteran's claims for residuals of stroke and obstructive sleep apnea due to service-connected hypertension. The AOJ must obtain a VA examination that specifically considers and reconciles the private medical records, including those from Drs. T. and D., and provide an opinion on whether it is at least as likely as not that the Veteran's 2015 stroke was proximately due to or aggravated by his service-connected hypertension.

The Board has remanded the cases for additional development due to insufficient opinions and new evidence.

The Board has remanded the claims for service connection for low back disability, GERD, hypertension, and obstructive sleep apnea (OSA) due to inextricably intertwined issues with the Veteran's other claims. The claim for service connection for erectile dysfunction (ED) is also deferred pending resolution of these matters.

The Veteran's claims for increased disability evaluations were denied. The Board found that the evidence did not support a finding of marked limited motion in any ankle or knee, and thus no higher ratings under applicable diagnostic codes could be granted.

The Board has remanded the case due to insufficient opinions regarding the etiology of sleep apnea, specifically whether it is related to service or a service-connected condition.

The Board has remanded the Veteran's claims for bronchial asthma and sleep apnea due to insufficient medical opinions regarding his service connection claims. The Veteran is seeking a higher rating for his bronchial asthma, while also contending that his sleep apnea is secondary to his service-connected conditions.

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

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that it is as likely as not that his OSA started during his military service.

The Board has remanded the case due to a lack of medical opinion regarding whether sleep apnea is related to service-connected tinnitus.

The Veteran's sleep apnea is remanded for a VA examination to determine its onset and etiology, including considering lay evidence of symptoms during service.

The Board denied service connection for obstructive sleep apnea as secondary to PTSD and remanded the issue of entitlement to an initial compensable rating for bilateral hearing loss.

The Board has found that the VA examinations are inadequate and remands both claims for further development.

The Board has decided to remand the case due to insufficient examination reports and incomplete opinions. The Veteran's obstructive sleep apnea is being reviewed again for a proper opinion on its etiology.

The Board has denied compensation under the provisions of 38 C.F.R. § 1151 for obstructive sleep apnea and service connection for obstructive sleep apnea. The issue of an initial rating in excess of 10 percent prior to September 30, 2009, in excess of 30 percent from September 30, 2009, to May 30, 2012, and in excess of 70 percent thereafter for dysthymic disorder is remanded. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is also remanded.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, headaches, and obstructive sleep apnea due to incomplete medical opinions and lack of compliance with prior remand directives. The TDIU claim is also being remanded.

The Board has remanded the claims for service connection for various disabilities due to incomplete verification of the Veteran's duty status and travel during a motor vehicle accident in April 1967.

The Board denied a higher disability rating for the service-connected lumbosacral spine disability, finding that the current limitation of motion does not meet the criteria for a higher rating.