Sleep apnea decisions — 2022

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to his service-connected psychiatric and migraine disorders, including obesity resulting from these conditions.

The Board has reopened the Veteran's claim for service connection for residuals of a stroke due to new and material evidence. The claims for hypertension, sleep apnea, and an acquired psychiatric disorder are remanded as well.

The Veteran's persistent daytime hypersomnolence is found to be secondary to his service-connected sleep apnea and granted as such.

The Board has granted service connection for low back disabilities, diagnosed as posttraumatic chronic lumbosacral sprain and strain with degenerative disc disease, degenerative arthritis, and herniated nucleus pulposus. The issues of increased ratings for left knee disability prior to September 8, 2014, and in excess of 20 percent thereafter, and chondromalacia of the right knee are remanded. The issue of TDIU is also remanded.

The Board has granted service connection for degenerative disc and joint disease of the lumbosacral spine with disc space narrowing, lumbar disc displacement, lumbar spondylolisthesis of L5-S1, ankylosing spondylitis, spinal stenosis, and chronic bilateral hand dermatitis with hyperkeratosis and deep cracks.

The Board has denied the Veteran's claims for service connection for a traumatic brain injury, an acquired psychiatric disorder, and a sleep disorder (claimed as sleep apnea) due to lack of evidence supporting these conditions during his period of active duty or their relationship to his service-connected back disability.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it was not incurred in or aggravated by his active military service and is not secondary to his service-connected PTSD.

The Veteran is granted entitlement to TDIU on an extraschedular basis prior to October 18, 2007 and on a schedular basis from October 18, 2007 due to his service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD. The examiner must provide a clear opinion on this issue.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is at least in equipoise with his in-service symptoms and diagnosis. The claim was denied on a secondary basis due to lack of causation.

The Board has remanded the Veteran's claims for left leg bursitis, left arm bursitis, heart disorder, stroke residuals, hypertension, and obstructive sleep apnea due to inadequate analysis of his exposure to contaminated water at Camp Lejeune.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to November 22, 2021.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's OSA, specifically addressing the significance of lay statements and hearing testimony.

The Board has determined that additional development is needed to determine the etiology of the Veteran's obstructive sleep apnea, including its relation to service and any service-connected disabilities.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current OSA is related to his military service or if it is secondary to his service-connected conditions.

The Veteran's claims for service connection for sleep apnea and multiple joint pain (neck, shoulder, or back) are being remanded due to the recent revisions in VA regulations regarding particulate matter exposure. The Board will seek additional clarification from the Veteran on which specific disorders he is seeking service connection for and whether any workers' compensation claims were related to these conditions.

The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.,VA treatment records since November 2018 must be obtained. The Veteran may also need to provide authorization for non-VA medical facilities where he has received treatment for these conditions.,The Veteran's service-connected disabilities have worsened, and he is required to undergo a VA examination to determine the current severity of his conditions.

The Board has remanded the issue of service connection for obstructive sleep apnea due to a new theory of entitlement raised by the Veteran, contending that his sleep apnea is proximately due to obesity caused by his service-connected disabilities. The VA failed to receive any examinations or opinions regarding the relationship between these conditions and the Veteran's obstructive sleep apnea and failed to determine whether any of these conditions led to the Veteran's obesity which caused or aggravated his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is not proximately due to or aggravated by his service-connected PTSD, and therefore denied the claim for secondary service connection.

The Veteran's sleep apnea disorder is found to have started during his military service, and the Board granted service connection for this condition.