Sleep apnea decisions — 2023

The Veteran's service connection claim for obstructive sleep apnea has been granted.,The Veteran's increased rating claim for status-post left femur fracture is granted, but subject to payment regulations. The TDIU issue remains pending and will be remanded.

The Board has granted service connection for right shoulder rotator cuff tear and impingement syndrome, lumbosacral strain, degenerative arthritis of the thoracolumbar spine, major depressive disorder, and generalized anxiety disorder with panic attacks as secondary to the Veteran's service-connected right knee meniscal and anterior cruciate ligament tears with degenerative arthritis.,The Board has also granted service connection for these conditions on a causation basis.

The Board has decided that the Veteran's claim for service connection for sleep apnea is remanded due to a need for further examination and evaluation.

The Veteran's service-connected disabilities, including coronary artery disease, obstructive sleep apnea, diabetes mellitus type II, tinnitus, and bilateral hearing loss, prevent him from securing or following substantially gainful employment consistent with his education and industrial background. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for obstructive sleep apnea and bilateral plantar fasciitis, finding that the evidence is in relative equipoise as to whether these conditions were incurred or are otherwise causally related to active service.,The Board also remanded cases regarding left ankle tendonitis, right hand disability, and left hand disability due to potential need for additional examination and opinion.

The Board denied service connection for neck and back disabilities, finding that the evidence did not support a link to service.,Service connection was granted for diffuse muscle pain due to a MUCMI.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms of sleep apnea first manifested during active service and are related to his in-service complaints of sleep troubles.

The Board has granted service connection for irritable bowel syndrome and obstructive sleep apnea, effective from February 18, 2015. The decision is based on new evidence received after the initial denial of these claims in October 2015.

The Veteran's service-connected lumbosacral strain, right knee tendonitis, left knee tendonitis, chest wall muscle strain, and tension headaches are being remanded for additional examinations to assess their current severity.

The Board has granted the Veteran's claims for service connection for sleep apnea, chronic obstructive pulmonary disease (COPD), and chronic bronchitis, finding that there is approximately even evidence supporting a relationship to herbicide agent exposure in service.

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for service connection for obstructive sleep apnea and fibromyalgia. The current opinions provided by VA examiners were deemed inadequate due to lack of rationale, inaccurate factual premises, and failure to address secondary service connection.

The Board has remanded the claims for bilateral hearing loss, sleep apnea, back condition, left lower extremity neuropathy, and right lower extremity neuropathy due to outstanding VA and/or private treatment records and further examination.

The Veteran's claims for service connection for obstructive sleep apnea and tinnitus are being remanded due to the need for additional medical opinions regarding their relationship to toxic exposure during his Southwest Asia service.,VA will provide a new opinion on whether there is at least as likely as not that the Veteran's obstructive sleep apnea and tinnitus are related to his participation in toxic exposure risk activities during his service.

The Veteran's appeal to reopen the claim of service connection for a left ankle disability is granted. The Board has determined that additional development is needed for the proper adjudication of this and other claims.

The Veteran's claim for a higher rating for his intervertebral disc syndrome (previously lumbosacral strain with degenerative arthritis of the spine) is remanded due to inadequate examination and potential flare-ups not adequately addressed.

The Veteran's claim for service connection for Crohn's disease has been reopened and granted.,The Veteran's claim for service connection for Obstructive Sleep Apnea has been reopened and granted.

The Board has granted service connection for obstructive sleep apnea and post-operative residuals of sleep apnea surgery, finding that the Veteran's symptoms are related to his active duty service.

The Board has remanded the claims for a heart disability due to insufficient evidence regarding its relationship to service. The Veteran's other conditions, including sleep apnea and respiratory issues, are granted as secondary to his PTSD.

The Board has remanded the claim of service connection for sleep apnea due to inadequate examination and lack of information about the qualifications of the examiner who conducted the May 2022 VA examination.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during active service and is not otherwise related to active service, including as secondary to his service-connected frontal sinusitis.