Sleep apnea decisions — 2022

The Veteran's service-connected disabilities, including his DDD involving the lumbosacral spine and related radiculopathy conditions, have rendered him unable to secure or maintain substantially gainful employment since December 1, 2011.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further medical opinions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disability manifests with functional impairment equivalent to ankylosis during flare-ups.

The Veteran's service-connected disabilities, including major depressive disorder, obstructive sleep apnea, asthma, right knee degenerative arthritis, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since November 2014. Effective from March 30, 2016 (the date of claim for the underlying grant of service connection for major depressive disorder), he is granted TDIU.

The Veteran's claims for service connection for heart disability, diabetes mellitus type II, and CAD have been granted on a presumptive basis due to herbicide agent exposure.,Service connection has also been granted for peripheral neuropathy and erectile dysfunction. The respiratory disability claim remains pending.

The Board has determined that the Veteran's lumbar spine disability, including scoliosis, may have been aggravated by an in-service motor vehicle accident. However, due to insufficient medical evidence and a need for clarification on whether preexisting scoliosis was aggravated or if any new condition arose during service, the case is being remanded.

The Board has remanded the claims for service connection for gastrointestinal disability, sleep apnea, multiple joint and muscle pain, and fatigue due to lack of adequate medical opinions and potential outstanding VA treatment records.

The Board has remanded the claims of service connection for bilateral hearing loss, obstructive sleep apnea, right ankle disability, left ankle disability, and tinea pedis due to new evidence received since the last final denial. The Veteran's symptoms have been linked to his military service.

The Veteran's sleep apnea was not incurred or aggravated during service, and the Board found that it is unrelated to any in-service event. The opinion of a VA examiner supported this conclusion.

The Board has found the VA examinations inadequate and remanded for further development, including obtaining a new examination to determine the current severity of the Veteran's back and ankle disabilities. The TDIU issue is also being remanded due to its inextricability with the underlying claims.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's OSA, specifically whether it is related to service or secondary to PTSD and/or depression.

The Board denied service connection for OSA and PAD, but granted service connection for tinea pedis. The decision found no evidence of sleep apnea or foot fungus during service and that any current conditions are not related to service.

The Veteran's claims for service connection for left ear hearing loss and bilateral tinnitus have been granted. The claim for secondary service connection for sleep apnea is remanded.,The Board found the VA examinations insufficient to determine whether the Veteran's sleep apnea was aggravated by his service-connected bipolar disorder or obesity, as there were no adequate opinions provided.

The Board has remanded the claims for service connection due to new and material evidence submitted by the Veteran, which relates to his PTSD diagnosis.

The Board has granted service connection for a right knee strain but has remanded the issue of service connection for a lumbosacral spine disability due to potential aggravation by other service-connected conditions.

The Board has remanded the case due to lack of substantial compliance with a previous remand, and also because there is insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn may have contributed to his obstructive sleep apnea.

The Board has ordered the case back for further development regarding whether the Veteran's sleep apnea is related to his service-connected diabetes mellitus and/or due to herbicide exposure. The VA examiner must provide a rationale for their opinion on these issues.

The Board denied the Veteran's claim for service connection for a sleep disorder, finding that it is not related to his active duty service and is not secondary to his service-connected major depressive disorder with anxious distress.

The Board has denied service connection for obstructive sleep apnea (OSA) due to a lack of evidence linking the condition to service or service-connected disabilities.,The Board has remanded the issues of service connection for residuals of a stroke/transient ischemic attack (TIA), including facial paralysis, speech condition, and memory loss; and neurocardiogenic syncope. Additional development is needed to address whether these conditions are related to service or service-connected disabilities.

The Board has remanded the case due to inadequate examination and failure to comply with instructions. The Veteran's sleep apnea is being reviewed again for potential service connection.