Sleep apnea decisions — 2022

The Veteran's acquired psychiatric disorder, including PTSD, and his OSA are granted as service-connected.

The Board has remanded the case due to unclear dates of service and need for clarification. The Veteran's claim for service connection for obstructive sleep apnea, as secondary to PTSD and/or GERD, is now pending.

The Board has remanded the case due to an inadequate statement of reasons or bases in addressing the adequacy of a VA medical opinion regarding whether the service-connected PTSD causes functional increase in severity of OSA, including noncompliance with CPAP machine.

The Veteran's liver cancer is granted service connection as it is presumed to be related to his in-service exposure to contaminated water at Camp Lejeune. The issues of sleep apnea and residuals of hepatitis C are remanded due to insufficient medical opinions.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's sleep apnea is related to his active service.

The Board has determined that there has not been substantial compliance with the remand instructions and additional development is needed for the Veteran's claims of increased disability ratings, service connection, and TDIU.

The Board denied the Veteran's claim for a total rating based on individual unemployability (TDIU) as his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's anxiety and depression are related to her in-service personal assault. The Board finds service connection for these conditions is granted. However, the Veteran's sleep apnea may be related to either her in-service personal assault or her now service-connected psychiatric disability. Therefore, a remand is necessary to determine the nature and etiology of her sleep apnea.

The Board has determined that the Veteran's current obstructive sleep apnea is etiologically related to his service-connected chronic sinusitis, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for low back disability and hemorrhoids, to include perirectal abscess due to inadequate VA medical opinions and failure to consider all relevant evidence. The Veteran is entitled to a new examination to determine the etiology of her current disabilities.

The Board has determined that further development is needed for the Veteran's claims related to his TBI, seizures, mood and cognitive disorder, OSA, and headaches. The AOJ must obtain clarification regarding the frequency of the Veteran's nocturnal episodes as seizures and provide a rationale for any changes in the examiner's findings.

The Board has remanded the case due to inadequate medical opinions and additional evidence needs to be considered.

The Board has determined that a remand is necessary to obtain a new VA medical opinion regarding the Veteran's sleep apnea, as the previous opinions were inadequate due to failure to address the Veteran's roommate's statements about his symptoms in service.

The Board has remanded the case for additional examination and opinion regarding service connection for obstructive sleep apnea. The cervical spine disorder claim is denied.

The Veteran's appeal for an increased rating of lumbosacral strain has been withdrawn. The Board has also remanded the case to determine if a higher rating is warranted for PTSD.

The Board has remanded the claims of service connection for diabetes and sleep apnea due to new evidence submitted by the Veteran. The claims are being reopened based on this new evidence, which includes VA treatment records and Social Security Administration (SSA) records.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The decision is based on evidence that the PTSD aggravates the OSA, leading to additional symptoms and loss of work.

The Board has remanded the case for further medical opinions regarding service connection for cervical spine disability, left shoulder condition, and sleep apnea. The Veteran's claims for these conditions are not granted.

The Board denied service connection for a bilateral foot disability, tuberculosis, chronic fatigue syndrome, fibromyalgia, fatty liver, hepatitis B virus, and sleep disorder (including sleep apnea) as the evidence did not support their onset or causation during active duty.,For each condition, the Board found that there was no clear and unmistakable aggravation of a preexisting condition in service, and the conditions were less likely than not incurred or caused by an in-service injury, event, or illness.

The Board has remanded the claims for service connection for various conditions, including obesity, right ankle and knee disabilities, COPD, sleep apnea, hypertensive heart disease, and cerebral vascular accidents. The claims are being remanded due to inadequate examination reports and need further development.