Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for additional examinations and opinions to address his service connection for sleep apnea and GERD, as well as their current severity.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service or a service-connected disability, specifically PTSD. The Veteran needs further examination and opinion.

The Veteran's claim for service connection for bilateral pes planus has been granted. The claims for service connection for a low back disorder, nerve damage of the tongue, an acquired psychiatric disorder (including PTSD, anxiety, major depressive disorder, and agoraphobia with panic attacks), and obstructive sleep apnea are being remanded.

The Veteran's headaches, cervical spine disability, and lumbosacral spine disability are found to be related to service. The depression is not considered secondary to a service-connected condition.

The Board has found that the Veteran's sleep apnea and right leg numbness and weakness are related to his military service, but more evidence is needed for a final determination.

The Board has remanded the claims for service connection for obstructive sleep apnea and a chronic seizure disorder, as well as an increased rating for adjustment disorder with mixed anxiety and depressed mood, and TDIU prior to October 31, 2020. Additional evidence was received since the last SSOCs but not waived by the Veteran.

The Veteran's claims for service connection for headaches, PTSD with anxiety, sleep apnea as secondary to depression, and a respiratory disorder have been granted. The claim for higher evaluations for coronary artery disease has been remanded.

The Board denied the Veteran's claims for service connection for left knee strain with patellofemoral pain syndrome and lumbosacral strain, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the VA examinations and opinions obtained prior to the February 2020 decision on appeal are inadequate for adjudication. The Veteran's OSA is remanded for a new opinion addressing whether it is at least as likely as not proximately due to or aggravated by his service-connected nose fracture, while the tinnitus claim is also remanded for a new opinion considering the Veteran's in-service acoustic trauma and recent statements.

The Board has determined that the Veteran's appeal to establish earlier effective dates for service connection and Dependents' Educational Assistance benefits was timely filed, as his Substantive Appeal was submitted within two months of the issuance of the Statement of the Case (SOC) and included a request for an extension due to COVID-19 relief.

The Board has decided to remand the case due to pre-decisional duty-to-assist errors and the need for a medical opinion regarding the Veteran's obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to insufficient examination opinions and a failure to obtain relevant medical records.

The Board has denied the Veteran's claims for service connection for various disabilities, including psychiatric conditions, spinal disorders, knee and foot disabilities, hepatitis C, hypertension, gastrointestinal issues, and shoulder and elbow conditions. The evidence submitted did not provide new or relevant information to support these claims.

The Veteran's claims for service connection for a skin disability, respiratory disability (allergic rhinitis), and sleep apnea have been reopened. The claim for allergic rhinitis is granted on a presumptive basis due to exposure in the Southwest Asia theater of operations. The claims for skin disability and sleep apnea are remanded for further development.

The Veteran withdrew all remaining issues associated with this appeal, including service connection for loss of balance and increased ratings for various psychiatric and physical disabilities. The appeal is dismissed.

The Board denied service connection for degenerative disc disease of the lumbar spine, pes planus, right wrist disability, bilateral carpal tunnel syndrome, and sleep apnea. The Veteran's pes planus was granted as related to his active service.

The Veteran's service connection for obstructive sleep apnea is granted. The rating for bilateral hearing loss and the TDIU claim are remanded.

The Veteran's service-connected disabilities, including depression, sleep apnea, diabetes mellitus, right eye macular pucker, and peripheral nerve disabilities of the lower extremities, have rendered her unable to secure or follow substantially gainful employment consistent with her work and education background.

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

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is related to his service or caused by his service-connected chronic rhinosinusitis.