Sleep apnea decisions — 2022

The Veteran's claims for service connection and increased evaluations have been remanded due to the need for additional evidence. The issues include tinnitus, bilateral hearing loss, and obstructive sleep apnea.

The Board has remanded the case due to insufficient information regarding whether the Veteran's OSA is caused by service, his service-connected disabilities, or obesity resulting from his service-connected conditions. The VA needs to provide an addendum opinion addressing these issues.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD with anxiety, and the Board affirms that any increase in severity of the Veteran's sleep apnea condition due to his service-connected conditions constitutes aggravation.

The Board has granted the Veteran's claims for service connection for obstructive sleep apnea and migraines (including hypnic headaches) as secondary to his service-connected disabilities, including posttraumatic stress disorder, diabetes mellitus, and coronary artery disease.

The Veteran's bilateral hearing loss is rated as zero percent (noncompensable) due to the severity of his hearing acuity.,Service connection for a right hand disability was denied because there is no evidence that it originated in service or until years after service.

The Board has granted service connection for sleep apnea as secondary to major depressive disorder, finding that the Veteran's current sleep apnea was caused by his weight gain due to depression.

The Board has remanded the claim for service connection for sleep apnea, as secondary to obesity caused by service-connected disabilities. The examiner is requested to provide an addendum opinion addressing whether the Veteran's service-connected disabilities of back pain, knee disability, and radiculopathy can cause or aggravate his obesity, and if so, whether this aggravation was a substantial factor in causing sleep apnea.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD. The cases of lumbar spine disability and left knee disability are remanded.

The Veteran's appeal is being remanded to issue a Statement of the Case (SOC) regarding his claims for increased evaluations for service-connected lumbosacral strain.

The Board denied service connection for a respiratory disorder, including asthma, sleep apnea, COPD, and asbestosis, finding that the Veteran's conditions did not have their onset during service or were otherwise related to an in-service injury or disease.

The Board has remanded the Veteran's claims of service connection for Parkinsonian tremors, throat disability (including strep throat), esophageal disability (including gastroesophageal reflux disease, esophageal erosions, residuals of Zenker's diverticulum, and esophageal dysmotility), right-ear hearing loss, and sleep apnea due to pre-decisional duty to assist errors. The Veteran was not provided with all relevant treatment records from the 1980s and his private medical providers' records are missing. Additionally, the VA examinations were inadequate in addressing the Veteran's claims.

The Board has reopened the Veteran's claim for service connection for a heart condition due to new and relevant evidence submitted after the January 1987 denial. The claims for shortness of breath, prostate condition, and sleep apnea are remanded as VA examinations are needed.

The Board has remanded the case due to deficiencies in the VA medical examination, specifically failing to address whether obesity caused or aggravated the Veteran's obstructive sleep apnea.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied.,The Veteran's claims for an earlier effective date and higher ratings for cervical spine and lumbosacral spine arthritis are remanded.

The Board denied the Veteran's request for a separate rating for his service-connected sleep apnea and asthma, as the regulations prohibit separate ratings for these conditions.

The Veteran's service-connected PTSD does not render him unemployable or unable to secure and follow a substantially gainful occupation. The Board finds that the evidence persuasively weighs against a finding of TDIU.

The Veteran's appeal for an increased rating for cervical spine degenerative joint disease was dismissed. The Board granted service connection for obstructive sleep apnea (OSA), finding that the evidence is at least evenly balanced as to whether the OSA had its onset in service.

The Board has remanded the Veteran's claims for anxiety disorder and sleep apnea, as well as his TDIU claim due to new evidence and need for further development. The issues include determining if a rating in excess of 50 percent is warranted for anxiety disorder, establishing service connection for sleep apnea, and evaluating whether he qualifies for TDIU.

The Board denied service connection for Chronic Obstructive Pulmonary Disease (COPD) and Obstructive Sleep Apnea (OSA), finding that the evidence did not establish a link between these conditions and active military service.