Sleep apnea decisions — 2021

The Board has decided to remand the cases for further development due to duty-to-assist errors. The Veteran's back disability is being reviewed again, and a sleep apnea examination is also required.

The Board has remanded the case due to a lack of an advisory medical opinion addressing both whether sleep apnea is etiologically related to service and whether it was caused or aggravated by the Veteran's service-connected paradoxical adduction of the vocal cords.

The Board has decided to remand the case due to an inadequate medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to service or a service-connected condition. The case will be returned for further development and opinion.

The Board has remanded the claims of entitlement to service connection for a cervical spine condition, erectile dysfunction, hypertension, and sleep apnea due to deficiencies in the VA examinations and opinions provided.

The Board has decided to remand the case due to inadequate opinions regarding the nature and etiology of the Veteran's sleep apnea, including service connection for it.

The Board denied the Veteran's claims of service connection for sleep apnea, back disability, and hypertension. The Board found that there was no evidence linking these conditions to his military service.

The Veteran's service-connected conditions did not render him unemployable prior to April 5, 2012. The Board denied a TDIU rating on either a schedular or extraschedular basis.

The Veteran's TDIU claim is granted. The Board finds that the Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, particularly PTSD and right knee/lumbosacral spine disabilities. His initial rating claims are remanded as new examinations are necessary given the lack of adequate testing in previous VA examination reports.

The Board has remanded the Veteran's claim for service connection for a sleep disorder, to include sleep apnea, due to insufficient evidence in the VA examination report. The examiner is asked to provide an opinion on whether the Veteran's diagnosed sleep disorder or sleep apnea is proximately due to his service-connected schizoaffective disorder and whether it is aggravated by his service-connected condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no current diagnosis of this condition during the appeal period.

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

The Board has remanded the case for further development, including an examination to assess the Veteran's respiratory condition and determine if it is at least as likely as not caused by or aggravated by his service-connected carcinoma of the lung.

The Board has decided to remand the case due to insufficient consideration of alternate theories of entitlement, specifically obesity as an intermediate step between service-connected disabilities and sleep apnea. The Veteran's medications for his acquired psychiatric disorder may have contributed to his sleep apnea condition.

The Board has remanded the Veteran's claims for service connection for Erectile Dysfunction and Obstructive Sleep Apnea due to inadequate opinions in the previous VA examinations. The cases are now pending further development.

The Veteran's bladder cancer is presumed service-connected due to herbicide exposure. The Veteran's sleep apnea is remanded for further examination and opinion.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful employment for the rating period from February 14, 2014 through September 16, 2014. For the rating period from September 17, 2014 to July 17, 2017, there is no longer a case or controversy with respect to TDIU due to his receipt of a 100% combined schedular rating. For the rating period from July 18, 2017, the Veteran's PTSD does not meet the requisite rating alone to support a TDIU.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran withdrew his appeal for service connection of sleep apnea before the Board could make a decision.

The Board has remanded the case due to inadequate development and need for an addendum medical opinion regarding the etiology of the Veteran's obstructive sleep apnea.