Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for service connection due to incomplete records and unclear duty status. The Veteran is also required to undergo VA examinations for sleep apnea and bilateral hand/wrist disabilities.

The Board has decided that the Veteran's claim for service connection for sleep apnea is denied, and his PTSD rating remains at 70%. The TDIU issue must be remanded as there are questions about the Veteran's current employment status.

The Veteran's service connection claims for heart murmur, acquired psychiatric disorder, prostate cancer, sleep apnea, laryngitis, and diabetes were denied. The claim for heart murmur was reopened due to new evidence submitted since the last denial. Claims for acquired psychiatric disorder, prostate cancer, sleep apnea, laryngitis, and diabetes remain denied.

The Veteran is granted a TDIU and SMC based on housebound status from April 15, 2015 due to service-connected mental disorders and additional disabilities independently rated at 60% or more.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 for right shoulder impingement syndrome were previously denied, but new evidence was submitted that did not raise a reasonable possibility of substantiating the claims. The claim for an effective date earlier than January 27, 2010, for obstructive sleep apnea with bronchitis has been withdrawn. The Veteran's TDIU and increased rating for obstructive sleep apnea with bronchitis have been remanded.

The Veteran's claim for service connection for a back disorder is granted. The Board also grants the petition to reopen his claim, finding new and material evidence that raises a reasonable possibility of substantiating the claim. However, the claims for hypertension and cardiovascular disease are remanded due to insufficient medical opinions.

The Veteran's claim of service connection for sleep apnea is being remanded due to the need for additional evidence and a VA examination. The Veteran argues that his exposure to Agent Orange caused his sleep apnea, but this needs to be verified.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's in-service sleep-related symptoms are the genesis of his currently diagnosed condition.

The Board has denied service connection for hypertension, kidney disease, sleep apnea, right knee disability, left thigh disability, and gout as the evidence does not support a link to active service.,No competent medical evidence was provided showing these conditions were incurred or aggravated by service.

Service connection is granted for a low back disorder and obstructive sleep apnea, both found to be related to active service. The Board also finds no chronic neck or tension headache disability during the appeal period.,The Veteran's nerve disorder to the right lower extremity is remanded for an examination to determine if it is at least as likely as not caused by his service-connected low back disability.

The Board has decided to remand the Veteran's claims for a new VA examination and additional development due to inadequate previous opinions regarding his service-connected lumbosacral strain.

The Veteran's claim for service connection for sleep apnea was denied as the evidence did not support a finding that his OSA began during service or was related to an in-service injury.,The effective date of the award of service connection for PTSD is set at September 23, 2010, which is when the Veteran's request to reopen his claim was received by VA.,The Veteran's TDIU claim was denied as he had multiple service-connected disabilities (PTSD and diabetes mellitus) but did not meet the criteria for a TDIU based on these conditions alone.

The Board has decided to remand the case for further development and medical opinions regarding whether the Veteran's sleep apnea was caused by exposure to black mold during service or his 2002 cervical spine surgery.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's OSA disability and service, as well as its secondary relationship with PTSD. The VA needs to obtain updated treatment records and conduct a new examination to provide clarification.

The Veteran's claim for service connection for a low back disability has been reopened and will be reconsidered on the merits.,The Veteran's claims for service connection for right upper extremity radiculopathy, cervical spine disability, and sleep disorder have been remanded due to insufficient evidence addressing their etiology.,The Veteran's claim for service connection for a low back disability has been reopened and will be reconsidered on the merits.

The Veteran's back disability is being remanded for further examination and opinion to determine if it is related to her service-connected asthma or directly related to service. The examiner will also assess whether the current back condition was caused by a violent cough from an asthma flare-up in December 2012.

The Board has dismissed the Veteran's appeals for a rating in excess of 10 percent for right leg radiculopathy and for a total disability rating based on individual unemployability (TDIU) due to the withdrawal by the appellant and his attorney.

The Board has decided to remand several issues related to the Veteran's claims, including earlier effective dates and increased evaluations for his back disability and radiculopathy of the right lower extremity, as well as service connection for obstructive sleep apnea. The AOJ is instructed to review the additional evidence submitted by the Veteran.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal in a communication received in April 2022.

The Board has denied service connection for chronic fatigue syndrome and headache disability due to lack of a diagnosed condition.,Service connection is also denied for cervical spine, lumbosacral spine, left wrist, and sleep disorder disabilities as the evidence does not support their direct association with service.