Sleep apnea decisions — 2022

The Veteran's service connection claims for OSA, DM and hypertension are remanded due to the need for additional medical examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current condition is related to his active military service.

The Board has dismissed the appeals for an increased rating for bilateral hearing loss, service connection for a bilateral knee disability, and service connection for an umbilical hernia. The claims of service connection for a psychiatric disability (to include PTSD) and sleep apnea are being remanded for further development.

The Board has remanded the case due to insufficient reasoning and bases for denying service connection for sleep apnea, including a lack of an opinion addressing the Veteran's second period of service in 2003. The AOJ is required to obtain additional medical opinions regarding the nature and etiology of the Veteran's sleep apnea.

The Board has remanded the case due to inadequate medical opinions regarding a sleep disorder other than obstructive sleep apnea, and the need for an updated VA treatment records.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected asthma, and thus grants service connection for this condition as secondary to his asthma.

The Board has determined that the Veteran's lumbosacral strain was incurred in service and granted service connection for this condition.

The Veteran's claims of service connection for various conditions, including hypercholesterolemia and hyperlipidemia, tinnitus, obstructive sleep apnea, atrial fibrillation, kidney failure, headaches, and an acquired psychiatric disability have all been denied. The Board found that the evidence did not support a finding that these conditions were incurred or aggravated during service.

The Board has dismissed all issues of service connection and rating for the Veteran's claimed conditions due to his death.

The Veteran's OSA with asthma alone prevents him from obtaining and maintaining substantially gainful employment, qualifying for a TDIU on an extraschedular basis. Additionally, he has other service-connected disabilities that combine to be at least 60 percent disabling, meeting the criteria for SMC based on housebound status.

The Veteran's headache disorder is granted service connection as it is linked to her active duty service.,Service connection for the low back disorder and bilateral hearing loss are remanded due to inadequate medical opinions.,Service connection for an acquired psychiatric disorder is granted based on continuity of symptoms since service.

The Board has reopened the Veteran's claims for service connection for sleep apnea and hypertension, but denied all other issues due to lack of evidence or failure to meet the criteria for service connection.

The Veteran's initial rating for lumbosacral spine strain is denied as his symptoms do not meet the criteria for a higher than 10 percent disability rating. Service connection for neck disability, considered secondary to service-connected conditions, is also denied.

The Veteran's current obstructive sleep apnea was first diagnosed during service, and the Board has determined that it began in service. Therefore, the claim for service connection is granted.

The Board has determined that the Veteran's sleep apnea symptoms started during service and have continued since, establishing a nexus between his in-service symptoms and current diagnosis. Therefore, the claim for service connection for sleep apnea is granted.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea, a rating in excess of 70 percent for PTSD and depressive disorder with alcohol dependence, and TDIU due to the need for additional evidence and examination.

The Board has granted service connection for a right knee disability as secondary to the Veteran's service-connected left knee, back, and hip disabilities. The issues of increased ratings for tension headaches (claimed as migraine) and lumbosacral spine degenerative arthritis are remanded.

The Board has found that the VA examination report did not address a direct nexus between the Veteran's military service and his obstructive sleep apnea. The case is being remanded for further development.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is likely to have developed during his active service, and thus grants service connection for OSA.

The Veteran's claim of service connection for sleep apnea has been reopened and granted.,The previously denied claim of service connection for non-alcoholic fatty liver condition is being reconsidered, with the evidence suggesting a possible link to service. The Veteran may be eligible for SMC based on need for aid and attendance.