Sleep apnea decisions — 2023

The Veteran's right hip disorder, genitourinary disorder other than erectile dysfunction (epididymo-orchitis), nasal disorder, and several musculoskeletal conditions are remanded for further development.,Service connection for the Veteran's claimed conditions is being remanded due to insufficient evidence linking them to service exposure or service-connected disabilities. Further examination and opinion may be necessary under recent changes in law related to toxic exposure claims.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's claims for service connection for chronic hepatitis C and sleep apnea have been reopened. The Board has ordered remand to obtain medical opinions regarding the relationship of these conditions to military service.

The Veteran's claim for service connection for obstructive sleep apnea was granted in a July 2023 Board decision, but the appeal is dismissed as it pertains to the Legacy appeal stream and the full benefit sought on appeal has already been granted.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete development of records, failure to attend scheduled examinations, and need for additional medical opinions. The appeals are now pending again.

The Board has remanded the cases for further development and evaluation due to insufficient medical opinions regarding the etiology of the Veteran's skin disability, sleep apnea, and fatigue.

Service connection is granted for tinnitus, posttraumatic headaches, sleep apnea, cervical spine degenerative disc disease with neck sprain, right upper extremity radiculopathy, and left upper extremity radiculopathy.,The effective date for service connection of these conditions ranges from April 27, 2016 to September 20, 2017.

The Board has determined that additional evidence must be considered before a final decision can be made on the Veteran's claims for service connection.

The Board denied service connection for diabetes mellitus type II and angiosarcoma, finding that the Veteran did not have exposure to herbicide agents during his military service in Okinawa.

The Veteran's appeal for a rating in excess of 10 percent for lumbosacral spine strain has been withdrawn. Service connection for OSA is granted, and the Veteran receives a 70 percent rating for PTSD. TDIU is also granted.

Service connection for a chronic lumbar spine disability, left shoulder disability, and tinnitus has been granted.,Service connection for hypertension, headache disorder, obstructive sleep apnea, and acquired psychiatric disorder has not been established.

The Veteran's service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome has rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extra-schedular basis.

The Board has determined that the Veteran's sleep apnea claim should be remanded for further development and opinion regarding service connection, MUCMI status, and causation/aggravation by service-connected disabilities.

The Veteran's service-connected lumbosacral strain with spondylolysis, left patellofemoral syndrome, and right lower extremity radiculopathy caused his obesity, which in turn caused his obstructive sleep apnea. The Board granted service connection for OSA as secondary to these service-connected conditions.

The Veteran's tinnitus, left shoulder disorder, and left hip disorder are all found to be related to his military service. Sleep apnea is also granted as being related to service.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his conditions are related to military service or other factors.

The Veteran's low back disability is rated at 10 percent, but the evidence does not show that it meets or approximates the criteria for a higher rating.

The Board denied service connection for OSA as secondary to PTSD and denied SMC based on aid and attendance due to the lack of evidence showing that the Veteran's OSA was caused or aggravated by his service-connected PTSD, and because he is not in need of regular aid and assistance.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it was caused or aggravated by his service-connected post-traumatic stress disorder.

The Board has dismissed the appeals for right shoulder scar, bilateral knee disability, low back disability, and bilateral ankle disability. The appeal for sleep apnea is remanded.