Sleep apnea decisions — 2021

The Board has decided that the Veteran's sleep disorders, including narcolepsy and OSA, may be related to his service-connected psychiatric disability and lung condition. However, further examination is needed to determine if these conditions were caused by or aggravated by his lung condition.

The Board has decided to remand the Veteran's claims for service connection due to inadequate examination reports and inextricably intertwined issues. The Veteran is being asked to provide a VA examiner with specific questions regarding his obesity, diabetes mellitus, and sleep apnea.

The Veteran is granted a TDIU effective October 31, 2011. The Board found that the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's claim for a higher rating for his lumbosacral strain is being remanded due to the need for additional examination and private medical records.

The Veteran's claims for service connection for various conditions, including obstructive sleep apnea, diabetes, peripheral neuropathy, congestive heart failure, hypertension, and COPD are denied as there is no evidence of herbicide agent exposure during his military service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred or aggravated by active military service and is unrelated to his service-connected conditions.

The Board has decided that the Veteran's claim for service connection for sleep apnea needs to be remanded due to incomplete compliance with previous remand instructions.

The Veteran's obstructive sleep apnea is granted as service-connected, while his gout and/or generalized arthritis, left leg disability, right leg/right ankle disability, skin disability of the feet, bilateral foot disability, carpal tunnel syndrome, acid reflux, hemorrhoids, poor circulation/venous insufficiency, and headache disability are denied. The Veteran's jock itch is also denied.

The Board has reopened the Veteran's claim for service connection for osteosarcoma, but has remanded several other claims due to lack of evidence or need for further examination.

The Board has remanded the Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine due to incomplete development and need for an addendum opinion.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's service-connected adjustment disorder has aggravated his sleep apnea.

The Board has granted service connection for erectile dysfunction (ED) secondary to a service-connected posttraumatic stress disorder (PTSD) disability. The claim for service connection for obstructive sleep apnea, insomnia, sleep disturbances, and/or fatigue is remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a direct relationship to service or secondary to his service-connected PTSD.

The Veteran's claim for a higher disability rating for his lumbar spine disorder is remanded, and the TDIU issue remains pending as it is intertwined with the increased rating claim.

The Veteran's lumbosacral strain prior to October 29, 2020 did not warrant a higher rating than 20 percent. Beginning October 29, 2020, but no earlier, the Veteran is entitled to a 40 percent disability rating for his lumbosacral strain.

The Board has determined that the Veteran's sleep apnea had its onset during active service and granted his claim for service connection.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran currently has obstructive sleep apnea. The examiner will be asked to clarify this and provide opinions on whether the service-connected disabilities or medications prescribed for them caused obesity, if obesity was a factor in causing sleep apnea, and what would have happened without the service-connected conditions.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not caused or aggravated by a service-connected disability and is not otherwise related to an in-service event, injury, or disease.

The Board has remanded the claims for service connection and rating of Hepatitis C due to incomplete development, specifically missing VA treatment records from the Bronx VAMC. The Veteran is also requested to provide any additional information or evidence that may be relevant.

The Board has decided that the Veteran's obstructive sleep apnea is not service-connected, and they have ordered further development to determine if it was caused by obesity during service. The TDIU issue cannot be resolved until this determination is made.