Sleep apnea decisions — 2022

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a chronic disability during or within one year after service and noting the negative service treatment records regarding symptoms such as snoring and daytime drowsiness.

The Board has granted service connection for obstructive sleep apnea on a direct basis, finding the evidence to be in approximate balance and supporting a grant of service connection.

The Board has reopened the Veteran's claims for service connection for various conditions, but has found that additional evidence is needed to determine if these conditions are related to his military service.

The Board has decided to remand the claims for sleep apnea, right shoulder disorder, and left shoulder disorder due to incomplete service records and inadequate prior opinions.

The Veteran's skin condition (chloracne) is granted as service-connected due to exposure to herbicide agents during his Vietnam service.,The Veteran's heart disorder, including atrial fibrillation, left ventricular hypertrophy, and aortic regurgitation, are also granted as service-connected based on the presumption of exposure to herbicide agents.

The Board has remanded the claims for service connection for obstructive sleep apnea due to insufficient evidence. The other two conditions (bilateral hearing loss and right eye myopia) were denied as there was no evidence of a current disability meeting VA compensation criteria.

The Veteran's claim for service connection for sleep apnea has been granted due to the submission of new and relevant evidence. The claims for groin disability, pseudofolliculitis, restless leg syndrome, and bilateral knee disability have not been granted as there is no new and relevant evidence received since the previous final denial.

The Veteran's low back disability is granted as service connected. The bilateral hip condition and left knee disability are denied.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is remanded for an updated CEAT review.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his active service and/or secondary to his service-connected residuals of tonsillectomy.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no in-service occurrence and no nexus between his current sleep apnea and his active service.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbosacral strain, is related to service and grants service connection for this condition.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the appeal due to lack of an allegation of error in the determination.

The Veteran's appeal for service connection for diabetes mellitus, gastroparesis, multiple sclerosis, restless leg syndrome, and obstructive sleep apnea has been dismissed due to the appellant withdrawing his appeal.

The Board has remanded the cases for additional development due to the need for addendum opinions regarding the nature and etiology of the Veteran's diabetes mellitus, sleep apnea, and hypertension.

The Board has remanded multiple issues for further development, including service connection claims and exposure to ionizing radiation or chemical agents. The Veteran's PTSD claim is remanded due to inadequate VA opinions. His psychiatric condition, migraine headaches, prostate cancer, erectile dysfunction, urinary condition, sleep apnea, and hypogonadism claims are also remanded.

The Board has remanded the Veteran's claims for obstructive sleep apnea and memory loss due to inadequate examination reports and opinions. The Veteran contends that his conditions are related to exposure at Camp Lejeune, but the examinations did not consider all relevant factors.

The Board has granted service connection for obstructive sleep apnea and posttraumatic stress disorder, finding that the Veteran's conditions are related to his military service.

The Board has denied service connection for OSA as secondary to the service-connected adjustment disorder, but has remanded the issue of whether OSA is secondary to the service-connected rhinitis. The TDIU claim from September 29, 2020 to October 31, 2020 is also remanded.

The Veteran's IBS is rated at 30 percent, the maximum allowed under DC 7319. The lumbosacral strain remains rated at 20 percent.