Sleep apnea decisions — 2022

The Veteran's claims for right eye injury under 38 U.S.C. § 1151 and obstructive sleep apnea (OSA) with CPAP have been readjudicated, with the former being granted and the latter being remanded.,The Board found new evidence relevant to the right eye injury claim, but denied service connection for OSA due to lack of a causal link.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not caused by his service-connected right knee condition, and thus grants service connection for this disability.

The Veteran's PTSD is rated at 100 percent since January 23, 2013.,Special monthly compensation for housebound rate is denied due to lack of additional service-connected disabilities.

The Board has granted service connection for a lumbar spine disability and obstructive sleep apnea secondary to the Veteran's service-connected bilateral pes planus. The issue of service connection for bilateral ankle instability is remanded as it may be related to the Veteran's service-connected bilateral foot disabilities.

The Veteran's claims for bilateral knee disorder, bilateral hearing loss, hypertension, right and left ankle disorders, right and left hip disorders, obstructive sleep apnea, and erectile dysfunction are being remanded due to the need for additional medical opinions.

The Veteran's service-connected obstructive sleep apnea is granted. The issues of service connection for a dental disability, left knee disability, and hypertension are remanded.

The Veteran's irritable bowel syndrome is granted a 30% disability rating. Service connection for fibromyalgia, chronic fatigue syndrome, sleep apnea, and migraines are denied.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his active service or a service-connected disability.

The Veteran's service-connected PTSD, along with other disabilities rated at 60 percent or more, qualifies him for both TDIU and SMC based on housebound status from June 10, 2016 to April 5, 2018.

The Board has granted the Veteran's application to reopen his service connection claim for Obstructive Sleep Apnea (OSA) and has determined that there is at least equipoise evidence in favor of a relationship between OSA and service. Service connection is therefore granted.

The Board denied service connection for OSA, HTN, fatigue, and joint pain as these conditions were not shown to be related to service or due to a service-connected disability.

The Veteran's hearing loss has been rated at 0 percent since April 26, 2013. The Board found no evidence of worsening and denied an increased rating for bilateral hearing loss. Service connection for a lower back disorder, sinus disorder, and sleep apnea is remanded due to the need for additional medical records and examinations.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the issues on appeal, and thus these claims are being returned to the RO for further development.

The Board denied the Veteran's claims for service connection for sleep apnea and gastroesophageal disability, finding that there was no evidence linking these conditions to his active duty service or a service-connected condition.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for sleep apnea. The Veteran's relevant symptoms, including snoring, temporarily stopping to breathe while asleep, and fatigue/still feeling tired after sleeping, are being reviewed in detail.

The Veteran's compensation claim for PTSD due to a VA surgical procedure in September 2012 was denied. Service connection for both PTSD and OSA were also denied.

The Board has remanded the Veteran's claims for service connection due to errors in duty to assist and failure to adequately discuss whether squamous cell adenocarcinoma is linked to herbicide agent exposure. The case must be remanded for a new VA examination.

The Board has remanded the case for further development regarding the Veteran's employment status and history since December 2008, including any part-time employment. The AOJ will request updated information from the Veteran and his employers.

The Board has decided to remand the Veteran's appeal for additional development due to outstanding records and inadequate examination report.

The Board has dismissed the appeals for service connection for various disabilities as both the appellant and his authorized representative requested a withdrawal of these appeals.