Sleep apnea decisions — 2021

The Board has decided to remand the case due to the need for a VA examination and consideration of additional medical literature submitted by the Veteran.

The Board denied service connection for obstructive sleep apnea, finding that it did not have its onset during active duty and was not otherwise due to disease or injury in service. The Board also found that the condition is not aggravated by service-connected PTSD.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, including as due to a service-connected disability. The evidence did not support his assertions regarding an etiological link between a lumbosacral spine disability and active service or any incident of service.

The Board has decided to remand the case due to inadequate VA examination and inconsistent statements regarding the onset of sleep apnea. The Veteran's claim for service connection is being sent back for further development.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and prostate cancer due to inadequate VA opinions. The Veteran is also seeking an earlier effective date for his combined service-connected disability rating of 60 percent, which is pending resolution of these issues.

The Board has remanded the claims for service connection for PTSD, degenerative joint disease of the lumbosacral spine and levoscoliosis, cervicothoracic spine pain, and thoracic spine pain due to insufficient examination reports. The Veteran's claim will be returned for further action.

The Board found no evidence to support the Veteran's claim that his OSA began during service or is otherwise related to an in-service injury or disease. The preponderance of the evidence does not support a finding that the Veteran's OSA had its onset during any period of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's prostate condition and OSA and mild positional sleep apnea are not related to service, including exposure to herbicide agents or asbestos. The right shoulder disability is being remanded for a determination on the etiology of the condition.,COPD was diagnosed during the appeal period but the VA examiner did not provide an opinion regarding its relationship to service-connected Parkinson's disease and/or other conditions. The Veteran's TDIU claim is also being remanded due to inextricably intertwined issues.

The Board dismissed the appeal for service connection of obstructive sleep apnea due to the Appellant's withdrawal request.

The Veteran's claims for a rating in excess of 20 percent for bilateral hearing loss and TDIU have been withdrawn. The claim for service connection for an acquired psychiatric disorder has been granted, but the claim for heart murmur remains denied. The Board finds it necessary to recharacterize the issue of sleep apnea as a claim for insomnia due to military service. The Veteran's claims for vertigo/dizziness and sleep disorder are remanded for further examination.

The Board has remanded the Veteran's claims for additional development due to worsening symptoms and inadequate examination reports. The Veteran is seeking higher disability ratings for his lumbosacral strain with left scoliosis, left knee strain, and right knee strain.

The Board dismissed the appeals for service connection of COPD and sleep apnea due to the appellant's withdrawal of his appeal.

The Board has determined that the Veteran's obstructive sleep apnea is caused by or a result of her service-connected PTSD, and thus grants service connection for this condition as secondary to PTSD.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a link between his PTSD and his sleep apnea. The preponderance of the evidence did not support the Veteran's contention.

The Board has determined that the August 2019 VA medical opinions are inadequate and remanded for a new examination to address the Veteran's lay contentions regarding his sleep apnea and umbilical hernia.

The Veteran's claims for service connection of headaches, diabetes mellitus, type II, and obstructive sleep apnea are being remanded due to the need for additional medical opinions regarding their etiology.

The Veteran's appeal for service connection for sleep apnea has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Veteran's appeal regarding increased ratings for lumbosacral strain, left knee strain, and left shoulder strain was remanded. The appeal as to the issue of an increased rating for major depressive disorder with anxious distress and alcohol use disorder is dismissed.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to a lack of a VA examination addressing both direct and secondary theories of entitlement.

The Board has determined that there were pre-decisional duty to assist errors in both the sleep apnea and hypertension claims. The Veteran's service connection for these conditions is remanded for further development.