Sleep apnea decisions — 2022

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, with the exception of periods prior to April 11, 2019 where he did not meet schedular criteria for TDIU.

The Board has remanded the Veteran's claims of service connection for a cervical spine disability and sleep apnea due to insufficient examination opinions. The VA examinations must provide more detailed nexus opinions considering the Veteran's lay statements regarding his symptoms.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and the need for a new VA examination.

The Veteran's claim for service connection for hypertension was reopened and granted. Service connection for glaucoma of the left eye and lumbosacral strain were denied.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, tinnitus, allergic rhinitis (claimed as allergies), asthma, sleep apnea, heart disability, kidney disability, and anemia due to new evidence received since the January 1995 rating decision. The issues of service connection are remanded for further development.

The Veteran's lumbar spine disability is presumed to be related to an injury in service.,New evidence has been received, reopening the claim of service connection for peripheral neuropathy of the left lower extremity and right lower extremity.

The Board denied the Veteran's claims of service connection for a left ankle disability, kidney disorder (to include kidney stones), diabetes mellitus, type II, sleep disorder (to include sleep apnea), and left arm carpal tunnel syndrome. The reasons provided were that there was no evidence linking these conditions to his active duty service or any service-connected disabilities.

The Veteran's claims for service connection for OSA, a respiratory condition, TBI residuals, and dental issues are being remanded due to the need for additional medical opinions.,The Board is requesting additional records from the Veteran and VA treatment records after June 2018. They also require an addendum opinion on whether his OSA, respiratory condition, TBI, or dental condition were caused by or aggravated by his service-connected conditions.,The Board is seeking a supplemental examination to determine if the Veteran's pre-existing dental condition (trench mouth) was aggravated during military service and if his current dental issues are related to his OSA. They also need an opinion on whether his headaches in service may be residuals of TBI from combat.,VA treatment records dated after June 2018 must be obtained for all claims.

The Veteran's claims for service connection have been reopened, and the Board has granted them. The appeals are remanded to further develop evidence for each issue.

The Board has determined that the Veteran's sleep apnea had its onset during active service and granted service connection for this condition.

The Veteran's sleep apnea and headaches are found to be proximately caused or aggravated by his service-connected PTSD, warranting the grant of service connection for both conditions.

The Veteran's service-connected disabilities, including sleep apnea, prostate cancer, diabetes, coronary artery disease, and anemia, have rendered him unable to secure and follow a substantially gainful occupation prior to March 8, 2018, and from June 1, 2018. The Board granted total disability rating based on individual unemployability (TDIU) for these conditions.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed due to the Veteran withdrawing his claims during a hearing before the Board of Veterans' Appeals.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea (OSA), including whether it is secondary to his service-connected psychiatric disorder or back disability. The case is being remanded for addendum VA medical opinions.

The Board has decided to remand the Veteran's claims for service connection for neck pain and lower back injury due to insufficient evidence in the record, including missing STRs and private treatment records.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a chronic diagnosis during or immediately after service and insufficient medical opinion to establish a link between his current condition and any service-connected conditions.

The Board has determined that the Veteran did not have a left knee disability, cardiac disability (manifested by chest pain), or gastroesophageal reflux disease (GERD) at any time during or recent to the filing of the claim. The Veteran's medical records do not provide evidence of these conditions.,For the remaining issues, including Obstructive Sleep Apnea, the Board has determined that there is sufficient evidence to grant service connection.

The Board denied service connection for obstructive sleep apnea (OSA) and denied initial ratings in excess of 20 percent for left knee sprain with patellofemoral syndrome, non-displaced patella fracture, and medial meniscal tear, as well as an initial rating in excess of 10 percent for left knee limitation of flexion with osteoarthritis.,The Board found that the Veteran's OSA was not incurred during active-duty service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected gastroesophageal reflux disease (GERD).,PTSD ratings are granted at 100 percent from June 16, 2014, to August 30, 2014. The Veteran was hospitalized for in-patient treatment during this period due to persistent delusions and hallucinations.

The Board denied the Veteran's claims for service connection for vertigo and an increased rating for lumbosacral strain. The evidence did not support a finding that his current conditions were related to his active service or caused by his service-connected disabilities.