Sleep apnea decisions — 2022

The Board has determined that the VA medical opinion provided is inadequate for the secondary service connection claim and requires further clarification. The Veteran's sleep apnea may be related to his service-connected PTSD or aggravated by it, but this needs to be clarified with a new opinion. Obesity caused by service-connected disabilities could also play a role in causing the sleep apnea.

The Board has determined that the Veteran does not have a current diagnosis of chronic fatigue syndrome and therefore, service connection for this condition is denied. The case is remanded for further examination to address the issues of obstructive sleep apnea secondary to allergic rhinitis and an acquired psychiatric disorder.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and examinations relevant to his conditions. The AOJ will issue a Supplemental Statement of the Case (SSOC).

The Veteran withdrew his appeal for service connection of sleep apnea before the Board could make a decision.

The Veteran's combined 100 percent schedular rating means that the issue of entitlement to a TDIU is moot, as his service-connected conditions render him unable to secure and follow substantially gainful employment.

The Board has granted service connection for lumbar degenerative disc disease/degenerative joint disease, right and left lower extremity radiculopathy, bilateral foot disorders (metatarsalgia), and sleep disorder (obstructive sleep apnea).,Service connection is denied for right and left hip disorders.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service, and thus grants the claim for service connection.

The Board denied the Veteran's request to revise the October 1995 rating decision, which continued a 40 percent evaluation for narcolepsy with hypersomnolence and disturbed nocturnal sleep without providing a separate rating for sleep apnea. The Board found that CUE was not committed at the time of the decision.

The Veteran's claims for an initial compensable rating for migraine headaches prior to September 29, 2016 and a rating in excess of 50 percent after that date are remanded. The Veteran also has claims for earlier effective dates for his service-connected depressive disorder and TDIU.,The Veteran's claim for special monthly compensation under the provisions of 38 U.S.C. § 1114(s) is also remanded.

The Board has granted the Veteran's claim for service connection for OSA as secondary to his service-connected PTSD. The evidence is in equipoise on whether the Veteran's OSA was caused or aggravated by his PTSD.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea. The claim will be returned for further development.

The Veteran's TDIU claim is granted from October 8, 2014, to March 19, 2020. The Board found that the evidence was at least in equipoise as to whether the Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has denied the Veteran's claim for service connection for sleep apnea as secondary to his bilateral knee disabilities, finding that there is no evidence supporting a nexus between the service-connected knee conditions and the development of obesity or obstructive sleep apnea.

The Veteran withdrew his appeals for the ratings of lumbosacral spine disc bulge, right knee osteochondritis dissecans with osteoarthritis and limited flexion, and residuals of left wrist fracture. The Board dismissed these claims as a result.

The Board has dismissed all remaining claims that were not granted following a remand, including service connection for hypertension and various knee conditions, as well as ratings for GERD/gastritis.

The Veteran's service-connected back and bilateral knee disabilities prevent him from securing or maintaining substantially gainful employment, thus the claim for TDIU is granted.

The Board denied service connection for sleep apnea as the Veteran does not have a current diagnosis of this condition, and her symptoms are attributed to her service-connected psychiatric disorder.

The Board has decided to remand the case due to lack of substantial compliance with previous remands and for obtaining an addendum opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected psychiatric disorder or pulmonary tuberculosis.

The Veteran's claim for service connection for OSA has been reopened due to new and material evidence. The compensable rating for allergic rhinitis is remanded for further evaluation.

The Veteran's claims for an initial compensable disability rating and a prior effective date are being remanded due to the need for additional VA examination.