Sleep apnea decisions — 2021

The Board has determined that the Veteran's Obstructive Sleep Apnea is a new disability and not related to his service-connected PTSD or left foot plantar fasciitis. The Board also found that there was insufficient evidence regarding the relationship between the Veteran's exposure to environmental hazards in Southwest Asia (SWA) and his Obstructive Sleep Apnea, as well as whether his service-connected PTSD aggravated his Obstructive Sleep Apnea.

The Board has determined that the remand was not fully complied with and thus requires another examination to address the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD, as well as any Gulf War environmental exposures.

The Board has remanded the claims for service connection due to issues with the adequacy of previous examinations and opinions, as well as the need to address potential secondary service connection based on herbicide exposure and other factors.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted as the evidence shows that his symptoms began during military service and are related to it.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a current disability during or after service and that it is not related to his military service.

The Veteran's increased rating claims for right lower extremity radiculopathy, impingement syndrome of the left shoulder with osteoarthritis, and lumbosacral strain with mild DDD have been denied as his conditions do not meet the criteria for higher ratings under VA regulations.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a link between his current condition and his military service or any service-connected disability.

The Veteran's back disability, including lumbosacral strain, degenerative arthritis, and IVDS, has been rated at 40 percent since July 23, 2009 to December 13, 2012, and from February 1, 2013 forward. The Board found that the disability did not meet criteria for a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.

The Board has remanded the claims for service connection for a low back disability, sleep apnea, and bilateral feet disability due to inadequate VA examinations that did not consider the Veteran's lay reports of symptoms during service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his military service, specifically during his most recent period of active duty from July 2013 to August 2014.

The Board has denied service connection for diabetes mellitus, type II and erectile dysfunction. The claims of service connection for aortic valve stenosis and coronary artery disease (previously claimed as calcific aortic stenosis with chest pain), headaches, obstructive sleep apnea, and acquired psychiatric disorder including major depressive disorder are remanded due to the need for additional medical opinions on secondary service connection.

The Veteran's service-connected conditions do not preclude him from securing or following substantially gainful employment.

The Board has remanded the claims for service connection for a neck or cervical spine disorder and sleeping problems, including on account of obstructive sleep apnea due to incomplete development in prior remands.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability due to new and material evidence submitted since the February 2016 rating decision. The case is now remanded for further development.

The Board has determined that the evidence is in equipoise, and therefore service connection for sleep apnea due to aggravation by service-connected PTSD is granted.

The Board has decided to remand the case due to the need for additional medical records and an addendum opinion from a VA examiner.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's sleep apnea. The claim will be readjudicated after obtaining a supplemental medical opinion.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain with degenerative arthritis, status post lumbar surgery and depression to include as secondary to his back disability due to inadequate opinions regarding the nature and etiology of these conditions.

The Veteran's claims for increased disability rating, service connection for a right knee disability, and TDIU are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded the claims for service connection and rating determinations due to insufficient evidence or further development is needed.