Sleep apnea decisions — 2022

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment prior to January 20, 2020.

The Board has remanded the cases for further development and consideration, including obtaining VA treatment records and providing an examination to address the right hand disability.

The Veteran's service-connected lumbosacral strain was granted a rating of 40 percent, but not higher, prior to January 28, 2019.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment since May 31, 2007. The Board granted TDIU effective that date.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need to obtain additional medical evidence. The Veteran is required to provide information about any private healthcare providers who have treated his psychiatric, sleep apnea, hypertension, left foot, and skin disabilities.

The Board has remanded the cases of service connection for obstructive sleep apnea and benign prostatic hyperplasia due to incomplete examination opinions. The Veteran's lay statements indicate symptoms in service, but the VA examiners have provided negative nexus opinions based on inconsistent or inaccurate factual premises.

The Board has decided to remand the case due to inadequate opinions regarding the relationship between the Veteran's service-connected PTSD and his claimed obstructive sleep apnea. The VA examiner needs to provide an opinion on whether the sleep apnea is caused by or aggravated by the PTSD.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, diabetes, lumbar spine degenerative joint disease, and tinnitus, have precluded him from obtaining or maintaining gainful employment. His TDIU is granted as of January 1, 2017.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, headaches, sleep apnea, and TBI as there is no current disability or evidence of in-service incurrence or aggravation.

The Board has determined that the VA examinations and opinions are incomplete due to a lack of discussion on exposure to burn pits and environmental hazards during the Veteran's combat deployment. The case is being remanded for further examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient evidence showing he is unable to secure or maintain substantially gainful employment despite his service-connected disabilities.

The appeals for increased disability ratings and TDIU were dismissed due to the Appellant's death.

The Board has reopened the Veteran's claim for service connection of Obstructive Sleep Apnea and remanded the issues regarding service connection for Acquired Psychiatric Disorder, initial compensable rating for Left Hand Disability, and initial compensable rating for Left Hand Scar. The case is sent back to the RO for further development.

The Veteran was granted TDIU from February 1, 2014 to December 31, 2016. However, the Board denied TDIU for the period January 1, 2017 to May 16, 2018.

The Veteran's appeal for service connection of lumbosacral strain (claimed as lower back pain) has been dismissed due to his withdrawal of the appeal.

The Board has reopened the Veteran's claims for obstructive sleep apnea and diabetes mellitus, but has remanded the claim for a psychiatric disability (PTSD) due to insufficient evidence. The case will be returned to the AOJ for further development.

The Board has remanded the Veteran's claims for service connection for rhinitis and sleep apnea, as well as her bilateral lower extremity sciatica. The case is being returned to the AOJ for further development including obtaining medical opinions regarding direct service connection as well as secondary service connection.

The Board has granted the Veteran's claim for service connection for an obstructive sleep apnea (OSA) disability, secondary to a service-connected acquired psychiatric disability. The evidence is nearly equal in showing that the OSA was caused and/or aggravated by the service-connected acquired psychiatric disability.

The Veteran's claim for service connection for sleep apnea is reopened, but the case is remanded due to the need for a VA examination.

The Board has remanded the case due to conflicting medical opinions regarding the onset and cause of the Veteran's OSA. The VA needs to obtain additional records and conduct a new examination to determine if OSA is secondary to his service-connected PTSD.