Sleep apnea decisions — 2021

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that there is at least equipoise evidence to support a conclusion that his current condition had its onset during active service.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to March 19, 2016.

The Board has denied the Veteran's claims for accrued benefits for service connection for sleep apnea and restless leg syndrome as there is no evidence of a nexus between these conditions and his military service.

The Veteran's claims for PTSD, sleep apnea, and migraine headaches have been granted with effective dates of October 29, 2007, May 1, 2017, and May 1, 2017 respectively. However, the Board has remanded these issues due to additional development being required.,The Veteran's claim for service connection for a stroke secondary to PTSD or migraine headaches remains pending as it was not addressed in this decision.

The Veteran's appeal for service connection of residuals of a traumatic brain injury was dismissed.,Service connection for radiculopathy of the left lower extremity and obstructive sleep apnea, to include on a secondary basis, were both denied.

The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) as his service-connected conditions did not render him unable to secure and follow a substantially gainful occupation.

The Veteran's claims for service connection for vision or eye disability, hypertension, fibromyalgia, and sleep apnea were denied as there was no evidence of a nexus between the conditions and service. The Board found that the Veteran did not have any diagnosed disabilities related to his service.

The Board has reopened the previously denied claims of service connection for diabetes mellitus and PTSD, but denies these claims due to lack of a valid diagnosis of PTSD related to active service.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected Parkinson's disease and Barrett's esophagus.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea was incurred in service.

The Veteran's service connection claims for psychiatric disability, Parkinson's disease, ischemic heart disease, hypertension, and obstructive sleep apnea are granted. The Board finds that the Veteran has a current diagnosis of Other Specified Trauma and Stressor Related Disorder related to his in-service experiences, which is considered direct service connection.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disability, but has remanded the case for further development and an opinion regarding the etiology of his current disabilities.

The Board has remanded the claims of service connection for an acquired psychiatric disorder to include PTSD and sleep apnea, as these matters are inextricably intertwined with each other. The Veteran's acquired psychiatric disorder claim will be further developed by obtaining a VA examination to determine if it is at least as likely as not related to his service. If service connection is established, the examiner should also provide an opinion on whether the sleep apnea is caused or aggravated by the acquired psychiatric disorder.

The Board has determined that the remand directives have not been substantially complied with and therefore another remand is required. The Veteran's sleep apnea claim remains pending.

The Board has determined that the Veteran's claims for earlier effective dates for service connection are denied as there is no evidence of a claim prior to April 1, 2008. The appeals have been remanded for further development and consideration.

The Board has remanded the claims for migraine headaches, obstructive sleep apnea, left ankle condition, right ankle condition, myoclonic jerks, and left lower extremity radiculopathy of the sciatic nerve and tibial, peroneal, and cutaneous nerves due to new evidence received since the last denial.

The Veteran's appeal was dismissed due to their death, and the appeal was not valid as it did not follow the proper procedures for legacy system appeals.

The Veteran's lumbosacral strain with degenerative arthritis of the spine was previously rated at 40 percent, but this rating was reduced to 20 percent. The Board has restored the 40 percent rating effective October 1, 2019.

The Board denied the Veteran's claims for service connection for right foot condition, left hip condition (previously denied as hip and knee condition, now claimed as bilateral hip condition), and obstructive sleep apnea (OSA) as secondary to his service-connected residuals of fracture fifth left toe.,Service connection was also denied for radiculopathy of the left and right knees as secondary to a lower back injury.