Sleep apnea decisions — 2022

The Board has remanded the claims for service connection due to incomplete records and incorrect legal standards. The Veteran's current diagnoses are being evaluated again by VA clinicians.

The Board has granted service connection for substance abuse disorder and obstructive sleep apnea, finding that these conditions are secondary to the Veteran's service-connected major depressive disorder.

The Veteran's gastrointestinal disability (ulcer) is not service-connected as there is no evidence of a current ulcer and the Board finds that VA examination or medical opinion was not warranted.,The Veteran's obstructive sleep apnea is not service-connected as it did not manifest during active service, and the Board found that his PTSD does not cause or aggravate his sleep apnea.,The Veteran's PTSD is currently rated at 50 percent, but he seeks a higher rating. The Board found insufficient evidence to warrant an increase in rating.

The Veteran's claims for service connection on multiple conditions are being remanded due to the need for additional evidence and examination.

The Veteran's sleep apnea is found to be related to his active service, and the claim for service connection is granted.

The Veteran's claim for an earlier effective date than August 15, 2017, for a 20 percent rating for his lumbosacral spine disability is denied. The claim for a higher rating for the same condition is also denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no direct evidence linking his current condition to his military service. The Board also found insufficient evidence to support a secondary service connection based on his service-connected PTSD and tinnitus.

The Veteran's tinnitus was granted as incurred in service. The back, hip, knee, hand, foot, lung, bowel, stomach, and prostate disabilities were denied due to lack of evidence linking them to service.

The Veteran's service connection for chronic allergic rhinitis has been granted.,Service connection for recurrent toenail disability, skin disability, and sleep apnea is remanded due to the need for further examination and opinion.

The Board has decided to remand the case due to duty-to-assist errors and requests additional development of records.

The Veteran's obstructive sleep apnea was found to be no more than 50 percent disabling, and thus not warranting a higher rating. The Board denied the claim for an increased rating.

The Board has denied readjudication of the claim for erectile dysfunction due to lack of new and relevant evidence. The Veteran's obstructive sleep apnea is granted as service connected, with onset during active military service.

The Board has remanded the claims for service connection for a neck disorder, low back disorder, and obstructive sleep apnea due to insufficient etiology opinions.

The Board has remanded several issues related to the Veteran's service connection claims, including allergic rhinitis, right ear hearing loss, sleep apnea, chronic fatigue syndrome, degenerative arthritis with intervertebral disc degeneration of the lumbar spine, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy. The remand includes obtaining missing service treatment records, VA treatment records, and a medical examination for the Veteran's allergic rhinitis and lumbar spine disability.

The Veteran's claims for service connection and TDIU are being remanded due to the need for a VA examination regarding his character of discharge, as well as potential psychiatric issues that may have contributed to his misconduct.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected disabilities. The Veteran must be provided with a new VA examination, including a sleep study.

The Veteran's claim for service connection for hypertension, due to herbicide exposure under the PACT Act, is granted. The other issues are remanded and will be considered further.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's sleep related disability is related to his service or secondary to his service-connected disabilities. The VA needs to obtain additional medical opinions and consider the Veteran's lay statements.

The Board has remanded the claims for lumbosacral strain, left shoulder disability, and obstructive sleep apnea due to insufficient medical opinions regarding their etiology.

The Veteran's claim for service connection for right knee sprain has been granted. The claims for an initial disability rating in excess of 10 percent for lumbosacral strain, a total disability rating based on individual unemployability, and service connection for obstructive sleep apnea have been remanded.