Sleep apnea decisions — 2022

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's entrance vision issues were a manifestation of his retinitis pigmentosa and if there was any worsening during service.

The Veteran's sleep apnea was diagnosed during service and is considered to have begun then, meeting the criteria for direct service connection.

The Veteran's claims for service connection for CFS, Migraine Headaches, and OSA have been denied as new and material evidence has not been received. The Veteran's claim for service connection for bilateral hearing loss is denied due to lack of current disability meeting VA compensation criteria. The Veteran's claim for service connection for hypertension is also denied.

The Board has determined that additional development is necessary for the issues of service connection for a back disorder, left and right lower extremity radiculopathy, type II diabetes mellitus, and sleep apnea. The Veteran's representative argued that her service-connected ankle and knee disabilities caused or aggravated her obesity, which in turn caused or aggravated her claimed conditions.

The Veteran's claim for an initial rating in excess of 10 percent for hypertension with nosebleeds was denied. The Board also remanded the issue of service connection for a respiratory disability, including as due to asbestos exposure.

The Veteran's claims for service connection for various conditions, including tinnitus and PTSD, have been dismissed due to the failure to appeal the January 2021 Board decision.,The Veteran's bilateral knee disabilities are not rated higher than 20 percent.

The Board denied service connection for PTSD, bilateral knee conditions, and sleep apnea as the Veteran does not have a current diagnosis of any of these conditions.

The Veteran's claims of service connection for various conditions have been reopened and granted. The reduction in the disability rating for PTSD from 70% to 30% effective July 1, 2016, was upheld.

The Veteran's acquired psychiatric disorder, namely depressive disorder with anxious distress, is found to be caused or aggravated by his service-connected lumbosacral strain. Service connection for this condition is granted.

The Veteran's claims of service connection for a low back disorder, an acquired psychiatric disorder (including PTSD), and sleep apnea have been reopened due to the submission of new and material evidence. However, these claims remain pending as they are still being evaluated by the Board.,The VA is remanding the cases for further development related to the Veteran's service connection claims.

The Board has determined that the Veteran's current sleep apnea had its onset during service and is related to his in-service symptoms, thus granting service connection for this condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his active service or secondary to his service-connected hypertension disability.

The Board has granted service connection for obstructive sleep apnea, hypertension, and diabetes mellitus type 2 as secondary to the Veteran's service-connected left knee disability.

The Veteran's TBI, GERD, seizure disorder including epilepsy, and obstructive sleep apnea are all granted as service-connected.,The Board found that the Veteran had a current disability of each condition while on active duty.

The Board has remanded the case due to inadequate review of the medical evidence regarding the relationship between the Veteran's sleep apnea and his active service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability and sleep apnea, finding that there is no evidence of a current disability meeting VA criteria. The claim for secondary service connection for sleep apnea was also denied as there was no established service-connected condition to which it could be linked.

The Board has remanded the case due to insufficient evidence to determine if the Veteran's obstructive sleep apnea is related to service or his service-connected conditions. A VA examination is needed to provide an opinion on this issue.

The Board has remanded the cases for further development due to outstanding treatment records and a need for updated evaluations.

The Board has remanded the claims for service connection for diabetes mellitus and obstructive sleep apnea, as well as the claim for TDIU. The remand requires additional development including obtaining opinions from a qualified clinician regarding causation and aggravation of the Veteran's conditions.

The Board has found that the RO failed to obtain all of the Veteran's service treatment records and military personnel records, including those related to his Air Force Reserve service. The issue is being remanded for further development.