Sleep apnea decisions — 2022

The Board dismissed all claims due to the Veteran's death.

The Board has granted service connection for the Veteran's OSA, finding that it is secondary to her service-connected PTSD.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected anxiety disorder with agoraphobia and other specified trauma and stressor related disorder, finding that the current diagnosis of obstructive sleep apnea is at least as likely as not caused by the service-connected psychiatric disability.

The Board has granted service connection for atrial fibrillation, coronary artery disease, hypertension, and sleep apnea as secondary to the Veteran's service-connected PTSD.

The Veteran's lumbar spine disability and sick sinus syndrome have been granted service connection. The lumbar spine disability is presumed due to continuous symptoms since service separation, while the sick sinus syndrome was not found to be related to in-service herbicide exposure or directly caused by any other condition.

The Board has dismissed the Veteran's claims for service connection and a higher rating for his lumbar spine disability, as well as his requests to reopen these claims. The TDIU claim is granted from March 17, 2022.

The Board has determined that the VA examination conducted in May 2022 is inadequate and requires additional opinions to address the Veteran's claims for service connection for obstructive sleep apnea, including as due to exposure to herbicide agents and/or secondary to PTSD. The case is being remanded for further development.

The Board has found that further remand is necessary to obtain the curriculum vitae of the VA examiners who provided opinions in April 2020, August 2020 (two separate exams), September 2020, November 2020, and May 2021. The Veteran and his attorney will be notified if these documents cannot be obtained.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to service or a service-connected condition.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD. The claims for hypertension, diabetic nephropathy rating, and TDIU are remanded.

The Board has remanded the claims for service connection due to inadequate VA opinions and potential health issues preventing in-person examinations.

The Board has remanded the cases for further development and consideration due to VA's failure to obtain private treatment records from the Veteran's primary care physician, Dr. Broaddus.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment consistent with his education, training, and experience.

The Veteran's obstructive sleep apnea is granted as service-connected. The issues of headaches, right arm/shoulder condition, right foot condition, and acquired psychiatric disorder (including PTSD and depressive disorder NOS) are remanded for further development.

The Veteran's claim for service connection for PTSD has been reopened, and the case is remanded for further development. The case for an acquired psychiatric disability (including PTSD) and sleep apnea are also remanded.

The Veteran's claims for service connection for headaches and TBI with residuals including sleep apnea have been reopened. The Board found that the Veteran experienced headaches in service, which continue to persist today. However, there is no current diagnosis of a traumatic brain injury (TBI) or its associated residuals.

The Board denied the Veteran's claim for a rating of total disability based on individual unemployability (TDIU) prior to July 18, 2017, finding that there was no evidence showing he was unable to work within one year before his PTSD increased in severity.

The Board has remanded the Veteran's claims for service connection for various disabilities, including an acquired psychiatric disorder, erectile dysfunction, impaired fasting glucose or diabetes, hypertension, obstructive sleep apnea, a LEFT heel disorder, lumbar radiculopathy of both lower extremities, cervical radiculopathy of the RIGHT upper extremity, ulnar neuropathy / neuritis of the LEFT hand, and RIGHT eye conditions. The AOJ is instructed to obtain relevant federal records, secure missing Army Reserve medical records, and obtain VA treatment records from San Juan VAMC.

The Board has granted service connection for a thoracic spine disability and remanded the issue of entitlement to service connection for sleep apnea, finding that there is at least as likely as not a link between the Veteran's thoracic spine condition and his current sleep apnea.

The Board has remanded the claim for sleep apnea due to insufficient examination and incomplete medical records. The Veteran's service connection claim will be reconsidered with a new VA examination.