Sleep apnea decisions — 2022

The Board denied service connection for various conditions, including headaches, neck disorder, knee disorders, hip disorders, foot disorders, hypertension, heart disorder, stroke residuals, hiatal hernia, sleep apnea, and gastrointestinal disorder. The Board found that the Veteran did not have these conditions during or after his military service.

The Board has determined that the Veteran's obstructive sleep apnea is as likely as not attributable to his service-connected fibromyalgia, and thus grants service connection for this condition on a secondary basis.

The Veteran's claims for chronic fatigue syndrome, insomnia, OSA, and migraines have been granted. The Board found that the Veteran's conditions are related to his service, with some issues being granted presumptively due to an undiagnosed illness under the provisions of 38 C.F.R. § 3.317(a)(1).

The Board has granted service connection for hypertension and remanded the issue of service connection for obstructive sleep apnea. The Veteran's current diagnoses are related to his military service.

The Board has dismissed the claims of service connection for headaches, sleep apnea, and entitlement to TDIU as they are moot due to the appellant being fully reimbursed for the expenses she bore for the Veteran's last sickness and burial.

The Veteran's claims for diabetes mellitus, type II and hypertension have been granted due to the enactment of the PACT Act. The Veteran is now entitled to a presumption of exposure to herbicide agents based on his service at Korat Royal Thai Air Force Base.,The Veteran's claims for kidney disability, nocturia, and obstructive sleep apnea are remanded as they may be secondary to his service-connected diabetes mellitus, type II.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for lumbosacral strain and service connection for radiculopathy of the bilateral lower extremities due to insufficient evidence or lack of recent VA examinations.

The Board has remanded the TDIU claim due to its inextricability with service connection claims for obstructive sleep apnea, hypertension, and diabetes mellitus type II.

The Veteran's central sleep apnea is granted as secondary to his service-connected back condition due to the use of opioids prescribed for pain.

The Board has denied the Veteran's claims for service connection and secondary service connection for obstructive sleep apnea, finding that there is no evidence to support a direct or secondary relationship between his current condition and his military service.

The Veteran's appeal for Hepatitis C has been dismissed as he withdrew his appeal prior to the issuance of a decision.,The claims for low back, left knee, right knee, and right ankle disorders have been reopened due to new and material evidence.

The Veteran's claim for service connection for anxiety disorder has been dismissed as the condition was already granted in a prior rating decision.,Service connection is granted for degenerative joint disease of the lumbosacral spine, with consideration given to continuity of symptoms since service.

The Veteran withdrew his claims for service connection for PTSD and OSA before the Board could make a decision, resulting in their dismissal.

The Board has decided to remand the case due to inadequate medical opinion regarding whether the Veteran's OSA is related to his service-connected disabilities and/or medications for such.

The Veteran's heart disability is granted as service connected, with the condition being directly related to his in-service beta strep infection.,There is no current evidence of a left ankle abrasion for VA purposes. The Veteran's left ankle cellulitis is also denied as there is no current diagnosis.

The Board has remanded the case due to a lack of baseline severity for the Veteran's obstructive sleep apnea prior to aggravation by his service-connected right zygomatic complex fracture. The Veteran needs an adequate VA examination to determine this baseline.

The Board has granted service connection for a low back condition, diagnosed as lumbosacral strain with bilateral lower extremity radiculopathy, finding that the Veteran's symptoms were coincident with his active duty service and are related to his service-connected left total knee replacement.

The Board has denied service connection for hypertension, peripheral neuropathy of the bilateral feet, sleep apnea, and atrial fibrillation (A-fib) as these conditions are not related to the Veteran's military service.

The Veteran's claims for increased ratings for his service-connected adjustment disorder with alcohol use, lumbosacral spine disability, left knee disability, and left knee scar are being remanded due to the need for additional development of medical records.

The Veteran's claims for service connection for diabetes mellitus, hypertension, hypothyroidism, and sleep apnea (now claimed as soft tissue sarcoma) are granted due to the addition of new evidence showing in-service herbicide exposure. Service connection is granted based on presumptive criteria under PACT Act provisions.