Sleep apnea decisions — 2023

The Veteran's appeals for service connection on all listed conditions have been dismissed as the appellant has withdrawn his appeal.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation during the period of June 18, 2015 to October 20, 2016. The evidence does not support an earlier effective date for SMC based on aid and attendance/housebound criteria prior to May 3, 2019.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it began during his Southwest Asia deployment and persists to this day.

The Veteran's dysphagia is granted as service connected, but the Board finds insufficient medical opinions regarding his sleep apnea and remands for further clarification.

The Board has decided to remand the case due to a lack of an adequate medical opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected diabetes mellitus, type II. The VA examiner did not address the issue of aggravation by the service-connected condition.

The Board has remanded the claims for service connection for various conditions due to insufficient evidence and need for further review.

The Board has decided to remand the case due to a duty-to-assist error and requires an adequate etiological opinion regarding the Veteran's lumbosacral strain.

The Veteran's onychomycosis was granted service connection as it is related to active service.,The Veteran's rhinitis and hemorrhoids were denied increased ratings as they do not meet the criteria for a higher rating.

Service connection for pulmonary fibrosis, acute renal failure, and bilateral toe drop is granted.,Service connection for chronic fatigue syndrome is remanded due to lack of evidence in the record.

The Board has decided that the Veteran's claim for service connection for pulmonary issues and obstructive sleep apnea should be remanded due to a lack of a medical opinion regarding the relationship between his sleep apnea and toxic exposure, specifically burn pit exposure.

Service connection was denied for various conditions including bilateral hearing loss, left and right knee disorders, psoriatic arthritis, obstructive sleep apnea (OSA), torn scapula nerves in both upper extremities, neck disorder, low back disorder, and deviated septum.

The Veteran withdrew his appeal regarding the service connection claims for hypertension, tinnitus, and obstructive sleep apnea.

The Board denied the Veteran's claims for service connection for bilateral knee patellofemoral pain syndrome, bilateral shoulder impingement syndrome, and lumbosacral strain, finding that these conditions are not related to active service or an undiagnosed illness.

Your claim for service connection for obstructive sleep apnea has been granted, and the full benefit sought on appeal is now in place. As a result, your appeal of this issue must be dismissed.

The Board has identified errors in the decision and has ordered remand for further development of evidence related to service connection claims.

The Veteran's claims for service connection for TBI residuals, OSA, and headaches are remanded due to the failure to appear at scheduled VA examinations. The SMC claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's appeal for service connection for sleep apnea was dismissed due to procedural defect as the claim was filed under the Legacy system, and he improperly elected into the modernized system.

The Board has decided to remand the case due to inadequate opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD.

The Veteran's obstructive sleep apnea is related to his active service, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's current obstructive sleep apnea is related to service, and therefore grants the claim for service connection.