Sleep apnea decisions — 2022

The Board denied service connection for various conditions, including OSA, Type II Diabetes Mellitus, Gulf War Syndrome, gastrointestinal disorder, skin disability, right knee disability, and left knee disability. The decision found that the evidence did not support a finding of direct service connection for these conditions.

The Veteran's claim for service connection for PTSD is reopened, and the issue of service connection for an acquired psychiatric disorder to include PTSD and obstructive sleep apnea is remanded.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a cervical spine condition, hypertension, and a headache condition. The case is remanded to obtain additional medical opinions regarding these issues.

The Board has remanded the cases due to the need for further development regarding employment accommodations and their impact on the Veteran's ability to work. The issues of higher rating for type II diabetes mellitus and TDIU are being reconsidered.

The Board has remanded the claims for hypertension, right knee disability, gout, acid reflux, sleep apnea, and bilateral hearing loss due to outstanding records and need for further examinations.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The Board finds that the evidence is evenly balanced as to whether the Veteran's other conditions are related to service, and thus grants them based on this finding.

The Veteran's claim for service connection for obstructive sleep apnea was denied as it was not proximately due to or aggravated by the service-connected PTSD, coronary artery disease, and diabetes mellitus. The Veteran's prostate cancer was rated at 20% from October 1, 2012 through December 31, 2013, with a TDIU granted based on his service-connected PTSD.

The Board has remanded the Veteran's claims for service connection for COPD and OSA secondary to PTSD due to a duty to assist error. The VA examiners were not asked about the potential asbestos exposure in relation to COPD, and whether PTSD caused or aggravated obesity which led to OSA.

The Board has determined that the Veteran's sleep apnea is proximately due to his service-connected traumatic brain injury, and thus grants service connection for this condition.

The Board has decided to remand the Veteran's claim for service connection of a low back disability, including lumbosacral strain, due to an error in obtaining a VA examination that addresses certain evidence in the claims file.

The Board has found the VA examiner's opinion inadequate and requires an addendum to address whether OSA is proximately due to or aggravated by service-connected PTSD.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a failure to obtain an adequate medical opinion regarding the Veteran's use of incorrectly prescribed Prolixin.

The Veteran withdrew his appeal for service connection for sleep apnea, and the case is dismissed.

The Board has remanded the Veteran's claims for hypertension and obstructive sleep apnea, finding a pre-decisional duty to assist error in not obtaining opinions on whether these conditions are related to service-connected disabilities.

The Board has granted service connection for somatic symptom disorder, to include as secondary to service-connected tinnitus. The issues of service connection for obstructive sleep apnea and an acquired psychiatric disability (claimed as GAD) are remanded.

The Veteran's bilateral hearing loss and tinnitus are granted service connection, while alopecia areata is denied. The Veteran's hypertension is granted secondary to a depressive disorder.,The Veteran's obstructive sleep apnea claim is remanded for further development.

The Board has denied service connection for TBI with memory loss and remanded the claim of sleep apnea due to inadequate medical opinions.

The Veteran's appeal for service connection for a pulmonary disability, including obstructive sleep apnea and chronic sinusitis, is remanded due to the need for additional development and opinions regarding the relationship between his current conditions and his military service.

The Board denied service connection for a left knee disorder, respiratory disorder, and obstructive sleep apnea. The medical evidence did not support the claims that these conditions were incurred or aggravated during active duty.

The Veteran's service connection claim for obstructive sleep apnea is granted, and the overpayment of VA compensation benefits in the amount of $953.68 is not valid.