Sleep apnea decisions — 2021

The Board denied the Veteran's claims for service connection for diabetes mellitus, type 2 and hypertension due to exposure to herbicide agents, as well as his claim for service connection for sleep apnea as secondary to diabetes or hypertension. The Board found that the Veteran did not serve in the Republic of Vietnam and thus was not exposed to herbicides during service.

The Board dismissed the Veteran's appeals for service connection for a skin condition and mouth sores due to his withdrawal of those claims. The issues of service connection for hypertension and OSA are remanded.

The Board has granted the Veteran's claims for service connection for migraine headaches and sleep apnea, both secondary to his service-connected PTSD.

The Board has remanded the claims for sleep apnea, back condition, and bilateral lower extremity radiculopathy to obtain additional medical opinions addressing the etiology of these conditions. The issues are inextricably intertwined due to the potential impact on the back claim.

The Board has determined that the Veteran likely suffered from sleep apnea symptoms during service and that he was diagnosed with obstructive sleep apnea post-service based on similar symptoms. The Board finds that the criteria for service connection for OSA, as directly incurred in service, have been met.

The Veteran's lumbosacral strain and degenerative arthritis with IVDS are rated at 40 percent since August 1, 2014. Ratings for right lower extremity radiculopathy prior to April 16, 2020, and left lower extremity radiculopathy prior to August 11, 2016, have also been granted.

The appeal seeking entitlement to service connection for a back disability is dismissed.,The appeal seeking entitlement to service connection for cirrhosis of the liver is dismissed.,The appeal seeking entitlement to service connection for a heart disability is dismissed.,The appeal seeking entitlement to service connection for high blood pressure is dismissed.,The appeal seeking entitlement to service connection for a left hip disability is dismissed.,The appeal seeking entitlement to service connection for a right hip disability is dismissed.,The appeal seeking entitlement to service connection for sleep apnea is dismissed.,The appeal seeking entitlement to service connection for tinnitus is dismissed.

The Veteran withdrew his appeals for all issues related to the ratings of his service-connected conditions, including degenerative lumbosacral disc disease with sacroiliac joint dysfunction, cervical spine degenerative disc disease, left knee chondromalacia patella, right knee chondromalacia patella, left ankle avulsion fracture, and scalp laceration scar.

The Board has determined that additional development is needed for the cervical spine, lumbar spine, and upper extremity radiculopathy claims due to the need for retrospective medical opinions. The remaining issues are remanded for readjudication.

The Board has granted service connection for erectile dysfunction (ED) related to and a result of his service-connected alcohol use disorder, but denied service connection for obstructive sleep apnea (OSA), gastroesophageal reflux disease (GERD), and hypertension secondary to service-connected psychiatric disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that it is not related to his active duty service or any service-connected conditions.

The Veteran's sleep disorder was not incurred in service and is not proximately due to, aggravated by, or the result of a service-connected disability.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The issue is now remanded for further evaluation, including a determination on whether the sleep apnea is secondary to his service-connected PTSD.

The Board has restored the Veteran's ratings for radiculopathy of the right and left lower extremities. The claims of service connection for OSA and increased rating for low back disability are being remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea as secondary to his acquired psychiatric disorder. The case is being returned to the RO for further development, including a VA examination.

The Veteran's lumbosacral strain disability is now considered service-connected.,The Veteran's right knee and left knee disabilities are now considered service-connected.,The Veteran's OSA is now considered service-connected.,The Veteran's pulmonary disability remains not service-connected.,The Veteran's right wrist and left wrist disabilities remain not service-connected.

The Board has remanded the Veteran's claims for obstructive sleep apnea and type II diabetes mellitus due to insufficient opinions regarding their relationship to service or service-connected disabilities.

The Veteran's appeals for increased ratings and service connection have been withdrawn.,The Veteran's claims for deviated septum, obstructive sleep apnea, acid reflux, heart disability (enlarged heart and cardiomyopathy), restless leg syndrome of the right leg, restless leg syndrome of the left leg, and TDIU are REMANDED.

The Veteran's current diagnosis of sleep apnea is found to have its onset during his military service, and the Board grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and chronic rhinitis due to insufficient evidence regarding their relationship to his military service. The examiner is requested to provide opinions on whether these conditions are at least as likely as not related to his time in service, particularly while serving on a submarine.