Sleep apnea decisions — 2023

The Veteran's claim for service connection for PTSD was denied as there is no current diagnosis of PTSD.,The Veteran's claim for an initial compensable disability rating for bilateral hearing loss was also denied.

The Board has granted service connection for right ear hearing loss. The Veteran's current left ear hearing loss is at least as likely as not related to his military noise exposure.,All other claims, including those for back disability, left ear hearing loss, depression (secondary to service-connected disabilities), left hand and right hand disabilities, sleep apnea (undiagnosed illness and/or medically unexplained chronic multi symptom illness due to exposure to environmental hazards during the Persian Gulf War) and secondary to service-connected disabilities, right hip disability, left hip disability, right knee disability, and left knee disability, are remanded for further development.

The Board has remanded the Veteran's claims for service connection for various conditions, including skin disorder, heart disorder, urethral disorder, fatigue disorder, and sleep disorder. The AOJ will obtain additional medical records and schedule VA examinations to address these issues.

The Board denied the Veteran's claims for effective dates prior to April 17, 2018, for service connection of lumbosacral strain with intervertebral disc syndrome, LLE radiculopathy, and RLE radiculopathy.

The Veteran's tinnitus is granted service connection. The Board has remanded the remaining issues due to outstanding records and additional medical opinions are required.

The Board has determined that the withholding of VA compensation benefits to recoup Separation Pay in the amount of $31,101.34 was proper and this appeal must be denied as a matter of law.

Service connection is granted for an acquired psychiatric disability, sleep apnea (OSA), and fecal incontinence. The appeals for secondary service connection are remanded.

The Veteran's obstructive sleep apnea, migraines, and hypertension are all granted as service-connected.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there is at least equipoise evidence supporting this conclusion.

The Veteran withdrew his appeal regarding the claim of entitlement to service connection for obstructive sleep apnea.

The Board has decided to remand the case due to a duty-to-assist error, requiring further examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea.

The Veteran's service connection for obstructive sleep apnea (OSA) is granted because the condition was caused by his in-service malaria.

The Board has decided to remand the case due to a failure to provide a pre-decisional duty to assist regarding direct service connection for OSA, and because there is no pre-decisional duty to assist error in addressing the secondary service connection theory. The Veteran's claim will be remanded for further examination and opinion.

The Board has decided to remand the claims for sleep apnea, bilateral foot condition, and sinusitis due to insufficient development in prior decisions. Additional evidence is needed from VA examiners.

The Veteran's claim for an effective date prior to January 29, 2018 for tinnitus is denied as there was no prior communication indicating a claim.,The Veteran's claim for a disability rating in excess of 10 percent for tinnitus remains denied due to the absence of additional manifestations beyond ringing in his ears.,The claims for service connection for neck disorder and acquired psychiatric disorder are both reopened based on new evidence, but the Board finds that service connection is not warranted as there is no established link between these conditions and service.,Service connection is granted for obstructive sleep apnea as it was proximately caused by a service-connected left knee disorder.,The claims for TDIU remain remanded.

The Board denied an earlier effective date for a total disability rating based on individual unemployability (TDIU) because the Veteran did not have a pending claim for TDIU prior to September 14, 2014. The effective date remains September 14, 2014, as it is the earliest possible date due to service connection being established after that date.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right papillary thyroid carcinoma and entitlement to TDIU due to additional development being required.

The Board has granted service connection for neck arthralgia and left knee arthralgia, finding that the evidence is in relative equipoise regarding these conditions. The Veteran's symptoms of joint pain began during service and have persisted since then.,Service connection was denied for obstructive sleep apnea as there is no direct or secondary service connection established.

The Veteran's asthma has been granted service connection under the PACT Act. The remaining issues have been remanded due to incomplete records and need for further examination.

The Veteran's low back disability is rated at 20% effective September 9, 2020. Service connection for overactive bladder was denied.