Sleep apnea decisions — 2021

The Veteran's service-connected disabilities, including his lumbosacral spondylosis with degenerative disc disease and radiculopathy of the bilateral lower extremities, have prevented him from securing or following a substantially gainful occupation since May 4, 2015.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity of care and insufficient link between his current condition and military service.

The Board has granted service connection for diabetes mellitus, Type II due to presumed exposure to herbicide agents during active duty at U-Tapao Royal Thai Air Base. Service connection was denied for left lower extremity neuropathy, left upper extremity neuropathy, right lower extremity neuropathy, and right upper extremity neuropathy as there is no evidence of a nexus between these conditions and service. Sleep apnea and pressure in eyes were also not found to be related to service.

The Board has granted service connection for degenerative joint disease (DJD) of the lumbosacral spine, finding that it is at least as likely as not related to service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the cases for further development and to obtain additional medical opinions regarding secondary service connection.

The Board has granted service connection for obstructive sleep apnea (OSA), finding that the Veteran's in-service symptoms were indicative of OSA. Service connection for diabetes mellitus type 2 (DM II) was denied as there is no evidence linking it to active service or service-connected disabilities.

The Veteran's sleep apnea with insomnia is found to have begun during service and granted service connection.,There is no evidence of recurrent corneal erosions or corneal opacities in service, and the claim for these conditions is denied.

The Board has granted service connection for sleep apnea and depressive disorder, finding that the Veteran's current conditions are related to his military service.

The Veteran's obstructive sleep apnea (OSA) is found to have begun during service and has persisted since then, meeting the criteria for service connection.

The Board has ordered further development due to the need for additional medical opinions regarding the relationship between the Veteran's service-connected PTSD and his sleep apnea, as well as whether obesity played a role in causing or aggravating his sleep apnea.

The Board has granted service connection for low back disability and sleep apnea, finding that the evidence is at least in equipoise as to whether these conditions began during or are related to active service.

The Veteran's sleep apnea is remanded for a VA examination to determine if it had its onset during service or is otherwise related to active service.

The Board denied the claims for service connection for hypertension and obstructive sleep apnea, as well as DIC benefits for the cause of death. The evidence did not support a finding that these conditions were related to the Veteran's military service.

The Board has reopened the Veteran's claim of entitlement to service connection for sleep apnea due to new and material evidence. However, the claim is still pending as a VA examination is needed to determine if the condition was incurred during active service.

The Veteran's claim for an increased rating for lumbosacral spondylosis and spinal stenosis was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating. For the period between November 19, 2010 and October 16, 2012, the Veteran's TDIU claim was granted based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that there was no causal relationship between his current OSA and his military service or his service-connected psychiatric disorder.

The Veteran's claims for service connection for various conditions, including bladder cancer, coronary artery disease, emphysema, sleep apnea, and vascular diseases in the upper and lower extremities are remanded due to incomplete VA treatment records and need for further medical opinions.

The Board denied service connection for obstructive sleep apnea (OSA) and continued the current 40 percent evaluation for the service-connected status post radical cystoprostatectomy with neobladder diversion and residual scars.,The Veteran's OSA was not found to be related to his service, including exposure to firing ammunition in a confined space. The Board also determined that the Veteran’s OSA is not caused by or aggravated by his service-connected condition.

The Board has remanded the Veteran's claims of service connection for COPD, sleep apnea, and diabetes mellitus due to a procedural error in sending correspondence to the wrong representative.

The Board has determined that the Veteran's sleep apnea is likely to have started during his military service and granted service connection for this condition.