Sleep apnea decisions — 2022

The Board has denied service connection for a lower back disorder and remanded the claims for OSA and acid reflux/GERD due to insufficient evidence. The Veteran's claims are now pending again with the AOJ.

The Board denied service connection for anxiety disability, adjustment disorder disability, back disability, left hip disability (secondary to back), and sleep apnea disability.,The evidence did not support a current diagnosis of any of these conditions during the claim period.

The Veteran's cause of death was not due to his active duty service, and the Board denied service connection for cause of death. The Appellant's claim for DIC under 38 U.S.C. § 1151 was also denied as there was no evidence showing that VA treatment caused or hastened the Veteran's death.

The Veteran's service-connected COPD is granted, and he is now eligible for a TDIU effective August 1, 2019. However, the Board denied his request for an earlier effective date for the TDIU.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that her condition began during active service and resolving doubt in her favor.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, colon cancer, and sarcoidosis due to asbestos exposure. The evidence did not establish a causal relationship between these conditions and his military service.

The Board has granted service connection for sleep apnea and asthma, both secondary to the Veteran's service-connected asbestosis with chronic obstructive pulmonary disease (COPD).

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) is secondary to his service-connected Posttraumatic Stress Disorder (PTSD).

The Board has determined that the Veteran's claims for compensation under 38 U.S.C. 1151 and TDIU are remanded due to pre-decisional duty-to-assist errors, including failure to obtain relevant treatment records and provide an adequate examination.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The claim for an earlier effective date for the grant of a total disability rating for individual unemployability (TDIU) is denied.

The Board has determined that there were pre-decisional duty to assist errors in the Veteran's claims for service connection for left and right ankle disabilities, as well as a lumbosacral strain disability. The AOJ is required to obtain any outstanding medical records from VA or private providers, specifically those related to the Veteran's bilateral ankle and lower back symptoms. An addendum examination report must be obtained by a medical professional addressing the continuity of the currently diagnosed conditions during service.

The Board has remanded the cases for additional development and an addendum opinion to determine if the Veteran's current shoulder disabilities are related to his active duty service.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or hips. Therefore, he does not qualify for financial assistance in purchasing a vehicle and adaptive equipment.

The Board has remanded the case due to a new theory of entitlement presented by the Veteran's representative, suggesting that OSA is secondary to service-connected diabetes. The Board requests an addendum opinion from a sleep disorder specialist to address whether OSA is proximately caused or underwent any incremental increase in disability due to service-connected diabetes.

The Board has remanded the case to obtain an opinion on whether the Veteran's obesity, which may be caused by her service-connected conditions, substantially contributed to the development of her sleep apnea. The examiner must consider if obesity is a substantial factor in causing the sleep apnea and whether it would not have occurred without the obesity.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected disabilities, including hypertension and tinnitus.

The Veteran's petition to reopen the claim for service connection for sinusitis was granted. The appeals for rating increases for cervical and lumbar spine conditions, as well as for service connection for obstructive sleep apnea are remanded.

The Board has denied the Veteran's claims for service connection for a sleep disability, to include restless leg syndrome and a psychiatric disability. The case is being remanded for further development.

The Board denied the Veteran's claim for service connection for left lower extremity radiculopathy, associated with lumbosacral strain with degenerative arthritis, finding no current diagnosis of LLE radiculopathy and insufficient evidence to establish a link between the condition and active service or a service-connected disability.

The Board has granted service connection for irritable bowel syndrome (IBS) due to Gulf War service, but the other issues related to sleep apnea, headaches, and numbness are remanded for further development.