Sleep apnea decisions — 2022

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's obstructive sleep apnea and its relation to service, specifically exposure to burn pits.

The Board has remanded the case due to a need for an additional VA medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Board has remanded the case due to a failure to comply with VA's duty to assist and remand instructions. The Veteran's service connection claim for obstructive sleep apnea is now pending again.

The Veteran's claims for increased ratings for his lumbosacral sprain with degenerative changes, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied. The Veteran does not meet the schedular criteria for higher ratings under the applicable VA rating schedule.

The appeal to reopen service connection for sleep apnea is granted. The low back disability claim is remanded.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected PTSD and/or nocturnal bruxism, is being remanded due to the need for a VA examination.

The Board has dismissed all service connection claims due to the appellant's death.

The Veteran's sleep disorder, variously diagnosed as insomnia and obstructive sleep apnea, is granted service connection. The issues of entitlement to service connection for a bilateral foot disability and hypertension are remanded.

The Board has remanded two issues: service connection for a sleep disorder, including obstructive sleep apnea; and evaluation higher than 10-percent disabling for a right L5 pedicle bone cyst with a normal spine. The Veteran was not provided proper notice of the examinations scheduled.

The Veteran's claim for a rating in excess of 20 percent for his right shoulder disorder was denied. The Board found that the evidence did not demonstrate limitation of motion to midway between side and shoulder level, which would warrant a higher rating. The Veteran's claim for TDIU was also denied as he continued to work as a teacher despite his service-connected disabilities.

The Veteran's lumbosacral strain with degenerative arthritis of the spine and IVDS was granted a 40 percent evaluation from May 12, 2009 to January 15, 2021. From January 15, 2021 on, an evaluation in excess of 40 percent is denied.

The Board has remanded the Veteran's claims for service connection for various conditions, including knee and shin splint conditions and a sinus condition. The Veteran is also seeking service connection for a sleeping disorder to include obstructive sleep apnea (OSA).

The Veteran's appeal for service connection for a recurrent sleep disability, including obstructive sleep apnea, has been dismissed due to the Veteran's death. The Board does not have jurisdiction to adjudicate this case as the appellant is deceased.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected Posttraumatic Stress Disorder (PTSD).

The Board has decided to remand the Veteran's claim of service connection for sleep apnea due to its relationship with his service-connected PTSD. The examiner is requested to provide a thorough opinion on whether the Veteran's sleep apnea was incurred in or related to active service, and if it was caused or aggravated by any service-connected disease or injury, including PTSD and medications used for treatment of PTSD.

The Board found that the Veteran's appeal was untimely and denied his claims for service connection.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his active duty and are related to this period.

The Board has granted service connection for a respiratory condition, specifically obstructive sleep apnea, as secondary to the Veteran's service-connected PTSD.,Service connection was denied for bilateral hearing loss and a skin condition.

The Board has remanded the Veteran's claims for increased ratings for his cervical spine strain with IVDS, lumbosacral strain with IVDS, and right upper extremity radiculopathy. The issues are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's OSA is granted as secondary to his service-connected TMJ disorder, with the Board resolving any doubt in favor of the Veteran.