Sleep apnea decisions — 2021

The Board has granted service connection for migraine headaches, finding that they are secondary to the Veteran's service-connected acquired psychiatric disorder. However, it denied service connection for obstructive sleep apnea, concluding that it is not related to his service-connected psychiatric condition.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to insufficient evidence regarding its onset and potential aggravation during his third period of duty. The case is sent back for further examination and development.

The Board has remanded the case due to insufficient evidence and a need for a new VA medical opinion regarding the Veteran's obstructive sleep apnea (OSA). The examiner must consider the Veteran's lay statements about his symptoms and determine if OSA is related to service or secondary to other disabilities.

The Board denied the Veteran's claim of service connection for obstructive sleep apnea, finding that it was not incurred or aggravated by service and is unrelated to his service-connected persistent depressive disorder with anxious distress.

The Board has determined that there is at least equipoise evidence to support the claim of service connection for obstructive sleep apnea, which began during active service and continues to the present. Therefore, service connection for this condition is granted.

The Board has remanded the claim of an initial rating higher than 20 percent for degenerative disc and joint disease of the lumbosacral spine due to inadequate examination in a previous VA examination.

The Veteran's sleep disorder, including upper airway resistance syndrome and obstructive sleep apnea, is being remanded for a new VA examination to determine the nature and etiology of his condition. The examiner will need to consider whether these conditions are related to service or secondary to pain caused by his service-connected disabilities.

The Board has decided to remand the case due to inadequate reasoning in a previous VA examination, and further development is needed.

The Board has granted a higher 30 percent disability rating for GERD. The claims for service connection for sleep apnea and allergic rhinitis are remanded due to insufficient evidence.

The Board denied the Veteran's claims for service connection for hypertension, ED as secondary to service-connected disabilities, and OSA as secondary to service-connected disabilities. The evidence did not support a finding that these conditions began during service or were related to in-service events or diseases.

The Board has determined that the Veteran's current sleep apnea is likely to have started during her active duty service, and thus grants service connection for this condition.

The Board has determined that the Veteran had pleomorphic sarcoma, which is a type of soft-tissue cancer presumed service-connected in veterans exposed to herbicide agents. The pleomorphic sarcoma contributed substantially or materially to the Veteran's death.

The Board has remanded the claims for service connection for respiratory disorder, sleep apnea, and diabetes due to inadequate opinions from VA examiners. The issues of hypertension are also inextricably intertwined with diabetes.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no competent medical evidence or opinion to support a link between his current condition and his active military service.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted entitlement to a TDIU with an effective date of April 10, 1999. From January 26, 2009 onwards, he is also entitled to SMC under the provisions of 38 U.S.C. § 1114(s).

The Board denied an increased disability evaluation for lumbosacral-spine disorder, finding that the Veteran's forward flexion of the thoracolumbar spine was never below 30 degrees and no higher rating is warranted.

The Veteran's initial rating for left lower extremity radiculopathy has been granted at a 20% level, effective from the date of claim. The service-connected lumbosacral strain with degenerative joint disease and IVDS remains rated at 40%. There is no indication of unfavorable ankylosis or incapacitating episodes for intervertebral disc syndrome.

The appeal concerning the issue of entitlement to service connection for sleep apnea is dismissed. The Veteran's right and left ankle disabilities are remanded.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea, as both direct and secondary to migraine headaches, PTSD, and/or allergic rhinitis, should be remanded due to inadequate rationale in previous examinations.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine the nature and etiology of any respiratory disability, including sleep apnea and sinusitis. The Veteran's service-connected chronic bronchitis is also considered in determining whether his current respiratory conditions are related to his service.