Sleep apnea decisions — 2021

The Board has remanded the Veteran's claims for migraine headaches, psychiatric disorder (to include PTSD), obstructive sleep apnea, and peripheral neuropathy of both lower extremities due to insufficient evidence. The Veteran is requested to undergo further medical examinations to determine the nature and etiology of these conditions.

The Board has granted service connection for COPD, a heart condition, foot conditions (pes planus, plantar fasciitis, neuropathy), and peripheral neuropathy. The Board also found that the Veteran's sleep apnea is related to his active duty service, including due to tinnitus.

The Board has remanded the Veteran's claims for service connection for sleep apnea, an earlier effective date for his PTSD rating, and TDIU prior to May 26, 2020. The issues include whether sleep apnea is secondary to a service-connected disability, whether there was obesity due to PTSD, and whether PTSD caused or aggravated the Veteran's weight gain.

The Board has denied the Veteran's claims of service connection for sleep apnea, bilateral hearing loss, tinnitus, colon cancer, and an acquired psychiatric disorder. The evidence does not support a finding that any of these conditions began during or are otherwise related to military service.

The Board has remanded the Veteran's claims of service connection for sleep apnea and right knee disability due to insufficient medical opinions addressing the etiology of these conditions. The Veteran is seeking service connection based on in-service injuries, while VA has provided opinions that are inadequate or silent regarding the relationship between his current conditions and service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disability during or within one year after service and that it is not related to his military service.

The Veteran's claims for increased ratings have been remanded due to the need for additional examinations and consideration of new evidence.

The Board has decided to remand the case due to an inadequate VA examination in adjudicating the matter on appeal. The Veteran's claim for service connection for obstructive sleep apnea is being reviewed again.

The Veteran's service-connected degenerative joint disease with lumbosacral strain does not meet the schedular criteria for a TDIU. However, after considering all evidence of record, including VA and private medical opinions, the Board finds that there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disability.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for increased disability ratings for his service-connected right knee osteoarthritis, lumbosacral strain, and left inguinal hernia.

The Board has decided to remand the case due to insufficient evidence regarding whether obstructive sleep apnea is related to service or if it was caused by the Veteran's service-connected depression.

The Veteran's OSA is granted as secondary to his service-connected PTSD.,Right ear hearing loss is granted based on aggravation during service.,Left ear hearing loss is granted as a result of active service exposure.,Ocular auras are granted as secondary to traumatic brain injury (TBI).,A right ankle deltoid ligament sprain is granted as related to active service.

The Board has determined that the VA examination provided was inadequate and requires a remand to obtain an updated opinion regarding the nature and etiology of the Veteran's sleep apnea, specifically addressing whether it is related to service or caused by PTSD.

The Veteran's obstructive sleep apnea is granted as service connected, with no specific date assigned.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating, and there is no evidence to support an extraschedular TDIU rating due to her ability to secure and follow substantially gainful employment.

The Board has determined that the claims for service connection of left foot disorder, right foot disorder, and obstructive sleep apnea (OSA) need to be remanded due to incomplete records. The Veteran's VA treatment notes indicated the existence of private treatment records which were not part of the record at the time. Additional community care records are required.

The Board has remanded the claims for service connection for migraine headaches and TDIU due to issues with compliance with prior remand instructions and arguments regarding VA's duty to assist.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his military service.

The Veteran's nose/sinus disability (claimed as allergies) and COPD are remanded for further examination.,The Veteran's hypertension is remanded for further examination.,The Veteran's sleep apnea is remanded for further examination.,The Veteran's perforated right eardrum, bilateral shin splints, left arm skin lesion, and cervical spine disability are all remanded for further examination.

The Veteran's service-connected disabilities, including diabetes, mild neurocognitive disorder, sleep apnea with asthma, radiculopathy of the right upper extremity, neck injury, and degenerative arthritis of the lumbar spine, rendered him unemployable for the period from September 8, 2018 to November 25, 2019. The Board granted a TDIU based on this evidence.