Sleep apnea decisions — 2022

The Board denied service connection for lumbar and cervical spine disabilities, as well as obstructive sleep apnea. Service connection was granted for diabetes mellitus, type II.,Service connection was not established for the Veteran's lumbar and cervical spine disabilities or obstructive sleep apnea due to lack of in-service evidence and no credible continuity of symptomatology.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is not an approximate balance of positive and negative evidence to support her contention that her sleep apnea was caused by or aggravated by her service-connected reversible airways disease.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a diagnosis or treatment of sleep apnea during service and that obesity did not cause or aggravate his sleep apnea. The Board also found that the Veteran's service-connected disabilities did not cause or aggravate his obesity.

The Board has remanded the Veteran's claims for service connection for sleep apnea, higher ratings for his bilateral knee disabilities, and TDIU prior to January 17, 2019. The Veteran is required to provide additional medical opinions regarding the cause or aggravation of his sleep apnea by his service-connected diabetes mellitus and/or hypertension. Additionally, a new VA examination is needed to assess the extent of his knee disabilities during flare-ups.

The Board dismissed the appeals for sleep apnea and TDIU as the appellant requested to withdraw them.

The Board has decided to remand four issues related to the Veteran's hearing loss, lumbosacral strain, and allergic rhinitis. The right ear hearing loss claim is being remanded due to a need for a more current VA examination. The left ear hearing loss, lumbosacral strain, and allergic rhinitis claims are also being remanded as the Veteran testified that his conditions have worsened.

The Board has remanded the case for additional development regarding the Veteran's lumbosacral strain disability.

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

The Veteran's service-connected PTSD is found to cause or aggravate his obstructive sleep apnea. His PTSD symptoms are currently rated at 50 percent, and he has been granted TDIU status since November 1, 2017.

The Board has decided to remand the case due to inadequate examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to service-connected conditions or obesity.

The Board has remanded the claims for service connection for residuals of a TBI, tinnitus, sleep apnea, and rhinitis due to new evidence submitted by the Veteran.

The Board has determined that the VA remand instructions were not substantially complied with, and a new medical opinion is required to address the Veteran's neurological abnormalities possibly related to his thoracolumbar spine condition.

The Veteran's claims for increased ratings for his service-connected back and neck disabilities have been denied. The Board found that the current evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for sleep apnea and bilateral lower extremity restless leg syndrome, both of which were secondary to his service-connected PTSD.,Both conditions were found not to be causally related to the Veteran's military service or aggravated by his service-connected PTSD.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he was attending school and had legal issues preventing employment.

The Veteran's claim for service connection for sleep apnea, headaches, and gastric condition (including hemorrhoids) is granted. The Veteran has a current diagnosis of these conditions and the evidence supports their relationship to his military service.

The Veteran's claims for service connection for sleep apnea, and evaluations in excess of the current ratings for his back disorder, neuropathy of the lower extremities, and neuropathy of the upper extremities have all been denied. The Board found that there was no evidence linking the Veteran's current sleep apnea to his military service or a service-connected condition.

The Board has remanded the case for further development regarding service connection for sleep disorder, specifically addressing whether service-connected disabilities aggravated the Veteran's weight gain or obesity and causing his sleep disorder.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that it did not onset in service and is not otherwise related to service. The Board also found no causal relationship between his service-connected PTSD and his obstructive sleep apnea.

The Veteran's claims for service connection for right shoulder disability, tinnitus and obstructive sleep apnea were denied in a September 2014 rating decision. The Veteran did not appeal this decision.,In July 2018, the VA granted service connection for these conditions effective April 2, 2018.