Sleep apnea decisions — 2023

The Veteran's service connection claims for bilateral hearing loss and obstructive sleep apnea have been granted. The decision on the issue of service connection for bilateral hearing loss is based on new evidence submitted since a previous final denial, which relates to the basis for the previous denial and raises a reasonable possibility of substantiating the claim. Service connection for obstructive sleep apnea has also been granted due to obesity related to service-connected PTSD.

The Board has decided to remand the case due to incomplete medical evidence, specifically regarding whether the Veteran's sleep apnea had its onset in service or is otherwise causally related to disease or injury in service. The VA must obtain an addendum opinion to address these issues.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence, including lack of current diagnoses and medical opinions regarding potential exposure to toxic substances during service.

The Board has determined that the remand was not adequately addressed in previous decisions and requires a new VA examination to determine the etiology of the sleep apnea, specifically addressing whether it is related to service, caused by GERD, or aggravated by GERD.

The Board has remanded multiple service connection claims due to the need for additional VA examinations and the need to obtain certain medical records. The Veteran's claims include various symptoms such as sleep apnea, hypertension, heart disability, joint pain, kidney issues, diabetes, and erectile dysfunction.

The Veteran's claim for service connection for Obstructive Sleep Apnea has been reopened due to the submission of new and material evidence. The case is being remanded for further evaluation.

The Veteran's claim for service connection for an acquired psychiatric disability was denied as there is no evidence of a current disability. The appeal to reopen the cervical spine disability claim was also denied due to lack of new and material evidence.,Service connection for sleep apnea remains pending, with the need for further examination and opinion.

The Veteran withdrew their appeals regarding service connection and increased disability rating for hypertension, sleep apnea, PTSD, anxiety disorder, sinus headaches, and migraine headaches. As a result, these issues are dismissed.

The Veteran's lumbosacral strain and right ear hearing loss are granted as service connected.,Residuals of traumatic brain injury disability is rated at 10 percent from July 26, 2017 to September 16, 2022.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to perform substantially gainful employment, and thus granted a TDIU.

The Veteran's hypertension and end stage renal disease are granted service connection due to presumed exposure to herbicide agents. The Veteran's sleep apnea is remanded for further review.

The Veteran's appeal of the initial evaluation for cervical strain and service connection for sleep apnea has been dismissed due to a withdrawal request by the Veteran's representative.

The Veteran's service connection claims for obstructive sleep apnea and basal cell carcinoma have been granted. The Board found that the evidence supported these claims based on in-service symptoms, diagnoses, and exposure to sunlight.

The Veteran withdrew his appeal regarding PTSD and sleep apnea, so the case is dismissed.

The Veteran has withdrawn his appeal for the claims of a rating in excess of 20 percent for degenerative thoracolumbar spine, a 10 percent for degenerative disc disease of the cervical spine, a 10 percent for right shoulder anterior cruciate degenerative joint disease, and a 10 percent for a sinus condition. The appeal is also dismissed for service connection claims including bilateral hearing loss, diabetes mellitus, right hip arthralgia, peripheral neuropathy of the right lower extremity and left lower extremity, obstructive sleep apnea, and an acquired psychiatric disorder (claimed as adjustment disorder and PTSD).

The Board has determined that the Veteran's lumbosacral strain, lumbar degenerative disc disease, and left lower extremity radiculopathy are related to his service due to a fall in service. As such, the claim for these conditions is granted.

The Veteran's lumbosacral strain is rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's left hip strain and right hip strain are both rated at 10 percent each. The Board finds that these ratings are appropriate given the lack of additional limitation in range of motion.,Both conditions have been rated based on their direct service connection without any presumption or secondary theory.

The Board has determined that the VA examiner's opinion is inadequate and remanded for further analysis regarding whether the Veteran's OSA began during service or is otherwise related to military service, including considering burn pit exposures.

The Board has granted the Veteran's request to readjudicate his claim of service connection for sleep apnea, finding that it is secondary to his service-connected low back disability and bilateral radiculopathy.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) likely began during his period of active service, granting service connection for OSA.