Sleep apnea decisions — 2022

The Veteran's claims for increased ratings for lumbosacral strain and IBS are being remanded due to the need for additional examinations to assess the severity of his conditions.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to insufficient evidence regarding his employment status. The Board found that the Veteran was not provided sufficient time to respond and gather the necessary information, including pay stubs, W2 forms, tax returns, and letters from employers.

The Board denied the Veteran's claims for service connection for a back disability, right hand disability, right ankle disability, and sleep apnea. The decision found no new and material evidence to reopen the claim for a back disability, and that the current disabilities were not incurred in or due to service.

Service connection for obstructive sleep apnea is granted.,Service connection for bilateral hearing loss is granted.,Service connection for tuberculosis is denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA is secondary to his service-connected PTSD and whether it can be considered a direct service connection.

The Board has decided to remand the case due to the need for additional medical opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected TBI and PTSD could have aggravated it.

The Board has remanded the claims for service connection for leiomyosarcoma and cause of death (claimed pancreatic cancer) due to herbicide exposure, including a request to verify the Veteran's exposure in Okinawa. The DIC claim is also remanded.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including left shoulder, cervical spine, lumbar spine, sleep apnea, hypertension (claimed as light-headedness), and loss of memory. The case is therefore REMANDED.

The Veteran's OSA was granted service connection as it is considered a chronic disability incurred during active duty in the Southwest Asia theater of operations.,Service connection for insomnia and/or sleep disturbances was denied as they are considered symptoms of the service-connected PTSD.

The Board has decided to remand the case due to inadequate medical opinion regarding whether VA's treatment caused the Veteran's left eye disability. The matter will be reviewed again with a new medical opinion.

The Veteran's bilateral hearing loss and high blood pressure/hypertension are denied as not related to service.,Dry eye syndrome, sleep apnea, migraine headaches, and erectile dysfunction (secondary to PTSD) are remanded for further evaluation.,PTSD with associated depression is also remanded for a rating in excess of 70 percent.

The Veteran died in August 2016 and the Appellant is his surviving spouse. She seeks enhanced DIC benefits due to clear and unmistakable error (CUE) in a VBA decision, but her claim for service connection for sleep apnea was denied by the Board. The Board has remanded the case to issue a statement of the case on the issue of enhanced DIC benefits.

The Veteran's skin disability is granted a 30 percent rating effective April 8, 2008. The lumbar spine and peripheral neuropathy issues are remanded for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and whether it is related to service, specifically his PTSD.

The Veteran's sleep apnea and bilateral hearing loss are granted, but the rating for bilateral hearing loss is remanded.

The Board has withdrawn the appeals for right and left hip disabilities. The claim of sleep apnea is reopened and granted, but further examination and evidence are needed to determine its etiology.

The Veteran's entitlement to a total disability rating based on individual unemployability (TDIU) has been restored effective April 1, 2019. The discontinuance of Dependents' Educational Assistance (DEA) benefits was also granted and reinstated from that date.

The Board has decided that the Veteran's right knee disability, sleep apnea, and right toe disability are all service-connected. However, due to new evidence received, the claims for right toe disability have been reopened. The cases of right knee disability, sleep apnea, and right toe disability are all remanded for further review.

The Veteran's service-connected disabilities are not sufficient to preclude all forms of substantially gainful employment from September 29, 2014, to May 14, 2020.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms during active duty are consistent with his current condition.