Sleep apnea decisions — 2021

The Board has remanded the Veteran's claim for entitlement to service connection for sleep apnea, finding that a new VA examination is required due to inconsistencies in previous opinions and lack of consideration of pertinent evidence.

The Veteran's claim for service connection for sleep apnea has been reopened, but the Board finds that there is not enough evidence to grant a higher rating.,Service connection for a skin condition, presumed due to herbicide exposure, remains remanded as an additional opinion is needed.

The Board has remanded the cases for further development and consideration, including addressing new evidence submitted by the Veteran.

The Board dismissed the appeal because the appellant died during the pendency of the appeal and thus has no jurisdiction to adjudicate the merits.

The Veteran's sleep apnea was incurred during his active duty service and the Board has granted direct service connection for this condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not have its inception during active duty and is not otherwise causally related to his service-connected PTSD.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it first manifested in service and resolving reasonable doubt in favor of the Veteran.

The Veteran's claim for service connection for sleep apnea secondary to his service-connected disabilities was denied. The Veteran's claim for an increased rating of 40 percent for spinal fusion of the thoracolumbar spine prior to July 20, 2016 is granted.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his active military service and therefore denied his claim for service connection.

The Veteran's tinnitus was granted service connection. The claims for asthma and obstructive sleep apnea are remanded due to insufficient evidence.

The Board denied service connection for obstructive sleep apnea, finding that the current condition did not begin during service and is not related to service. The Board also found no secondary service connection due to PTSD.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, left hip disability, groin muscle disability, left shoulder disability, and obstructive sleep apnea. The evidence does not establish a link between these conditions and his military service.

The Board has remanded the case due to inadequate compliance with prior remand instructions, specifically regarding the etiology of the Veteran's obstructive sleep apnea (OSA) and its relationship to his service-connected disabilities.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence linking his current diagnosis to his time in active service.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's low back disability and his service, specifically including a fall that occurred after he stepped in a hole and twisted his ankle. The Veteran also contends that his low back pain is related to falls associated with his service-connected diabetic peripheral neuropathy.

The Board reduced the rating for right perinephric leiomyosarcoma status post right nephrectomy from 100 percent to 60 percent, effective May 1, 2016. The reduction was proper as the condition is in remission and not active.

The Veteran's claims for service connection for chronic fatigue syndrome and muscle pain in the back and legs have been dismissed.,Service connection has been granted for sleep apnea, but an initial compensable rating for chronic bronchitis remains denied.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability, sinus disability, and sleep apnea are remanded due to unresolved issues related to in-service environmental exposure. The Veteran asserts his current conditions are linked to his military service, particularly his in-service environmental exposures.

The Veteran's hearing loss claim is denied as it did not manifest in service and is otherwise not related to his in-service noise exposure. The Veteran's lumbar spine disability prior to November 5, 2020, was found to have limited forward flexion of the thoracolumbar spine to 80 degrees with a combined ROM of 220 degrees, without ankylosis or other disabling conditions. Since then, there is no evidence of unfavorable ankylosis. The Veteran's right shoulder disability claim remains pending as it was granted in a separate decision.

The Board has decided to remand the cases of increased rating for PTSD and TDIU due to new evidence received since the last statement of the case.