Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for increased ratings and TDIU due to additional medical records being added to his case file since the most recent Supplemental Statements of the Case (SSOC).

The Board has remanded the case due to inextricably intertwined issues, and will be reconsidered after adjudication of other service connection claims.

The Board has granted service connection for Obstructive Sleep Apnea, but denied service connection for Diabetes.

The Veteran's claims for IBS and GERD have been denied as they are not service-connected.,The Veteran's claim for lumbar radiculopathy of the bilateral lower extremities has been remanded due to insufficient evidence.

Service connection is granted for degenerative joint disease of the right knee. The Veteran's PTSD remains at a 30 percent rating, with no higher as his symptoms do not meet criteria for a 50% or higher rating. Entitlement to service connection for obstructive sleep apnea (OSA) is remanded.

The Board has granted the appeal to restore service connection for sleep apnea, finding that severance of service connection was improper due to a lack of clear and unmistakable error (CUE).

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and sleep apnea secondary to anxiety disorder. The decision found that there was no nexus between the Veteran's current conditions and his military service, specifically noting that the Veteran's hearing loss improved during service and did not manifest within one year of discharge. For sleep apnea, the Board also noted a lack of credible medical evidence supporting a causal relationship with mental health conditions.

The Board has decided that the Veteran's sleep apnea may be related to service and remanded for further development, including obtaining a medical opinion.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD. The decision is based on new evidence provided by the Veteran, which included a statement indicating that his weight gain due to PTSD symptoms caused his obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations.

The Board has remanded the case for additional development regarding service connection for a bilateral eye disorder. The Veteran's chest pain and sleep apnea are denied as not related to his military service.

The Board has remanded the claim for service connection for OSA, including as secondary to PTSD, due to inadequate VA examinations and failure to obtain medical comment regarding the posited attribution of the Veteran's OSA to his obesity caused by his PTSD and/or medication.

The Veteran's claim for a higher rating for allergic rhinitis is denied.,The claims for service connection of sleep apnea and an acquired psychiatric disorder are remanded due to the need for additional development of medical evidence.,The claim for service connection of a lung disorder is remanded due to the need for additional development of medical evidence.,

The Board has remanded the case due to a lack of proper range of motion assessment in the VA examination, and further development is needed.

The Veteran's claims for effective dates prior to October 25, 2018 are denied as there was no communication prior to that date that could be construed as a claim.,The Veteran's claims for higher ratings for tinnitus and left ear hearing loss are denied as the evidence does not support such an award.,The Veteran's claims for service connection for right ear hearing loss, right foot neuropathy and dystrophic toenails, and left foot neuropathy and dystrophic toenails are denied due to lack of a current disability for VA purposes.,The Veteran's claim for service connection for lower back disability is denied as the evidence does not support such an award.

The Veteran seeks service connection for sleep apnea, which the Board has remanded. The examiner opined that his weight gain and obesity were due to his service-connected disabilities, including mental health stressors and medications known to promote weight gain, and that without these factors he would not have developed sleep apnea.

The Veteran was granted service connection for an unspecified depressive disorder, hypertension, obstructive sleep apnea, congestive heart failure, COPD, type II diabetes mellitus, and chronic kidney disease.,Service connection was also granted for the cause of the Veteran's death due to acute congestive heart failure, with type II diabetes mellitus as a significant condition contributing to death.

The Board has granted service connection for hypertension, coronary artery disease, and kidney failure. The claims for gastroesophageal reflux disease (GERD) and obstructive sleep apnea are remanded due to insufficient evidence.

The Veteran's claims of service connection for right shoulder disability, sleep apnea, right ankle degenerative joint disease, bilateral degenerative joint disease of the hands, irritable bowel syndrome, and erectile dysfunction (secondary to PTSD) have been reopened. The Board finds that new and material evidence has been received to reopen these claims.

The Board has reopened the claim for service connection of sleep apnea and granted it, finding that there is at least equipoise evidence to support a direct service connection due to symptoms observed during active duty.