Sleep apnea decisions — 2021

The Veteran's appeal for a rating in excess of 50 percent for panic disorder without agoraphobia and TDIU was denied. The Board found that the Veteran’s symptoms did not meet the criteria for a higher rating or TDIU.

The Board's decision is vacated and a new decision will be issued under the Appeals Modernization Act (AMA) for the issues of entitlement to a disability rating in excess of 40 percent for lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, service connection for obstructive sleep apnea, and TDIU.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred in or related to his military service and is not secondary to a service-connected condition.

The Veteran's diabetes mellitus, type II, hypertension, and erectile dysfunction are granted as service-connected due to in-service herbicide exposure. The Board also found that the Veteran’s obesity is not a compensable disability for VA purposes.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected diabetes mellitus. The back and neck disabilities are not service connected.

The Board has remanded the case due to an inadequate medical opinion regarding the Veteran's lumbosacral strain disability during flare-ups. Further development is needed.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a disease or injury incurred in or aggravated by active military service. The Board also found that the Veteran did not have continuity of symptomatology since service and that his statements regarding the etiology of his sleep apnea were insufficient to establish service connection.

The Board has remanded the case due to inadequate opinions regarding the Veteran's obstructive sleep apnea and its relation to service, as well as whether his service-connected prostatitis aggravated his sleep apnea.

The Board has remanded the case due to an inadequate VA medical opinion regarding the Veteran's sleep apnea. The examiner failed to consider a 2007 sleep study that diagnosed obstructive sleep apnea.

The Board has remanded the cases of sleep apnea and gastroesophageal reflux disease (GERD) for further development. The VA is required to provide an addendum medical opinion regarding the etiology of these conditions, specifically addressing whether they are related to service, including any potential exposure to environmental hazards in Southwest Asia.

The Veteran's diagnosed sleep apnea disability is at least as likely as not etiologically related to his active duty service, and the Board grants service connection for sleep apnea.

The Board has remanded the case due to a lack of adequate opinions addressing the relationship between the Veteran's sleep apnea and his service-connected sarcoidosis.

The Board has remanded the case for further development and adjudicative action due to issues related to compensation claims under 38 U.S.C. § 1151 for OSA, respiratory disabilities, a psychiatric disability, and claudication.

The Board dismissed the Veteran's appeals for a higher rating for lumbosacral strain with degenerative arthritis and for service connection for vertigo, to include as secondary to peripheral vestibular disorder due to the Veteran's request for withdrawal of all issues on appeal.

The Board has remanded the claims for obstructive sleep apnea, bilateral lower extremity restless leg syndrome, and asthma due to issues with the medical opinions provided. The Veteran's service connection claims are being returned for further development.

The Veteran's claim for service connection for sleep apnea, including as due to his service-connected restless leg syndrome or tinnitus, is being remanded for further development and consideration.

The Board has remanded the Veteran's claims for radiculopathy of the right and left lower extremities associated with a lumbosacral strain due to insufficient evidence regarding whether his service-connected condition is manifested by muscle spasms, stiffness, locking, or tightening in his hands.

The Veteran's ED is secondary to a service-connected disability. The claim for sleep apnea was initially filed on May 21, 2015 and the effective date has been granted as of that date. The claim for PTSD was initially received on July 12, 2010 and an earlier effective date prior to July 12, 2010 is not warranted. The claim for fibromyalgia was initially received on March 10, 2014 and the effective date has been granted as of that date.

The Veteran's claim for a restoration of his 100% rating for service-connected liposarcoma, status post radical left nephrectomy, prior to July 27, 2015 is granted. The reduction in rating was improper due to the local reoccurrence and metastasis of the Veteran’s liposarcoma.

The Board has determined that the Veteran's current back disability is service-connected, as it had its onset during his period of active service and is related to his military service.