Sleep apnea decisions — 2022

The Board has determined that there was a pre-decisional duty-to-assist error due to untranslated records, and the claims for service connection are remanded for readjudication based on the complete record.

The Veteran's lumbosacral spine DDD is granted on a direct basis.,The Veteran's chronic qualifying disability manifested by headaches is granted on a presumptive basis.

The Veteran's service-connected disabilities did not result in an inability to obtain and maintain substantially gainful employment prior to April 27, 2022. The Board found the Veteran's statements regarding his employment history lacking credibility.

The Veteran's hypertension is granted service connection on a presumptive basis due to exposure to herbicide agents in Vietnam, effective August 10, 2022.,The Veteran's claim for service connection for obstructive sleep apnea as secondary to PTSD remains pending and requires further development.

The Veteran's appeals regarding earlier effective dates and increased ratings have been dismissed.

The Board has determined that the Veteran's current lumbar spine disability is related to his military service, and thus grants service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to the need for a new VA medical opinion. The examiner must consider the Veteran's statements regarding his exposure to volcanic eruptions and their potential impact on his OSA.

The Board has remanded the Veteran's claims for bilateral knee disorder and degenerative disease of the lumbosacral spine, to include as secondary to service-connected PTSD. The issues are related to whether these conditions are caused or aggravated by her service-connected PTSD.

The Veteran's appeal for service connection of obstructive sleep apnea was dismissed due to his death. The character of discharge issue was also dismissed.

The Board denied service connection for bronchitis and sleep apnea, finding no new and material evidence to reopen the claims. The Veteran's current diagnoses of bronchitis and sleep apnea are not related to his military service.

The Veteran's service connection claims for right and left ear hearing loss, right shoulder disorder, obstructive sleep apnea, gastroesophageal reflux disease (GERD), and right upper extremity scars have been granted. The claim for a right shoulder disorder is denied.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypertension due to conflicting medical opinions regarding their onset during service or relatedness to service-connected conditions.

The Board has granted service connection for tinnitus. The Veteran's claims for left shoulder disability, OSA, headache disability (including as secondary to PTSD), left ankle disability, and left ear hearing loss are remanded due to the need for additional medical examinations and records.

The Board has granted the reopening of previously denied claims for service connection for chronic headaches, PTSD, sleep apnea, a respiratory disability, and muscle pain/joint pain. The claims are now remanded for further development.

The Veteran's obstructive sleep apnea was found to have pre-existed service and was aggravated by his active duty service, thus granting service connection for OSA.

The Veteran's claim for an increased rating for PTSD was denied, as his symptoms have not resulted in total occupational and social impairment.,The Veteran's claims for service connection of sleep apnea and bilateral knee condition are remanded due to inadequate medical opinions.

The Board has granted service connection for the Veteran's left and right knee conditions, finding that his current bilateral knee conditions are related to his active military service. Service connection for sleep apnea is also granted.

The Board has remanded the Veteran's claims for service connection for a sinus condition and sleep apnea. The Veteran asserts that his conditions are related to military service, particularly exposure to burning human waste during service. He also contends that his sleep apnea is secondary to his service-connected PTSD.

The Board has granted service connection for bilateral upper and lower extremity peripheral neuropathy, sleep apnea, and anosmia (loss of taste) as secondary to the Veteran's treatment for his service-connected pharynx squamous cell carcinoma.

The Board denied service connection for sleep apnea (OSA) as it was not incurred in or aggravated by service and is not proximately due to, the result of, or aggravated by a service-connected disability.