Sleep apnea decisions — 2023

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions regarding the relationship between his service-connected disabilities and his claimed condition.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and need for further examination regarding his claimed conditions related to toxic exposure.

The Board has granted service connection for tinnitus, urinary incontinence, sleep apnea, TMJ, stomach condition (IBS), left hand tremors, and right hand tremors as secondary to the Veteran's service-connected PTSD.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment consistent with his education and occupational background, thus denying the claim for a TDIU.

The Veteran's hearing loss and tinnitus do not meet the criteria for service connection as they are not diagnosed disabilities.,The Veteran's right knee condition is not related to his military service.

The Veteran was granted a TDIU prior to March 3, 2018. The Board has also remanded the issue of entitlement to a TDIU from March 3, 2018 for referral to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for obstructive sleep apnea has been denied as there is no evidence of a nexus between the condition and active service.,For dermatitis, the Veteran's claim was remanded due to insufficient evidence supporting a rating in excess of 10 percent from September 21, 2015 to March 29, 2023.

The Veteran's claim for service connection for sleep apnea, claimed as secondary to his service-connected asthma, is being remanded.,The Veteran's appeal regarding a rating in excess of 10 percent for chronic maxillary sinusitis remains pending and will be addressed after the requested examination.,The Veteran's claim for a compensable rating for onychomycosis of bilateral feet is also pending and will be addressed after the requested examination.

The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no evidence of a current disability. The Board finds that the Veteran does not have a bilateral hearing loss disability for VA compensation purposes.,Service connection for sleep apnea has been granted based on continuity of symptomatology since active service and credible lay testimony from the Veteran regarding his symptoms during service.,The Veteran's PTSD is rated as 70 percent disabling throughout the appeal period, with occupational and social impairment with deficiencies in most areas due to symptoms such as difficulty adapting to stressful circumstances, impaired impulse control, and inability to establish effective relationships.,Service connection for back disability, including DDD and thoracic muscle spasms, has been remanded. The Veteran reported injuries during basic physical training (PT) and combat fitness training, but STRs are silent on these claims.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have also been remanded as there is insufficient evidence to determine the etiology of these conditions.,The Veteran's claim for service connection for urinary incontinence has not been addressed, as it was not part of his original appeal.,Further development is needed to clarify the Veteran's periods of qualifying service and verify any injuries reported during active duty.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is secondary to his service-connected PTSD with obesity as an intermediary step.

The Veteran's increased evaluations for left foot plantar fasciitis and lumbosacral strain were granted, with the effective date set at May 22, 2018.

The Board has remanded the Veteran's claims for service connection for various conditions including gastrointestinal, skin, sinusitis, rhinitis, headache, and obstructive sleep apnea due to incomplete medical opinions in the November 2022 VA examination reports. The issues are being returned for further clarification of the etiology of these conditions.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current disability to his military service.

The Veteran's tinnitus and low back condition are granted service connection.,Service connection is also granted for fibromyalgia, chronic fatigue, hypertension, testicle condition, sleep apnea, and an acquired psychiatric disorder (major depressive disorder) due to exposure to environmental hazards during service.

Service connection is granted for tinnitus, diverticulitis, deep vein thrombosis as secondary to diverticulitis, pulmonary embolism as secondary to diverticulitis, headaches, and sleep apnea.,The Veteran's acquired psychiatric disorder (depression and anxiety) remains under consideration.

Service connection for hypertension is granted as a result of the PACT Act, which establishes hypertension as a presumptive disease associated with herbicide exposure. Service connection for depression is granted on a secondary basis to service-connected PTSD.,The Veteran's hyperlipidemia and OSA claims are not reopened due to lack of new and material evidence.

The Veteran's claim for service connection of a left ankle disorder has been reopened. The initial rating for PTSD was increased to 50% prior to January 27, 2023, and denied thereafter. A rating in excess of 10% is denied for the right wrist carpal navicular fracture. Service connection claims for OSA, CFS, and fibromyalgia are remanded.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his current condition is not proximately due to or aggravated by a service-connected disability.

The Board has determined that the remand directives were not substantially complied with and thus another remand is warranted. The case is being returned for further development, including obtaining VA treatment records and scheduling an addendum opinion from a clinician to address the nature and etiology of the Veteran's sleep apnea condition.

The Board has denied the Veteran's claims for service connection for left hip condition, allergies, sleep apnea, erectile dysfunction (ED), and a left ankle disability due to lack of current diagnoses in his medical records.