Sleep apnea decisions — 2023

The Board has determined that the Veteran's sleep apnea was not incurred in service and is not otherwise causally related to service. The Board also found that the Veteran's sleep apnea was not caused or aggravated by his service-connected psychiatric disability.

The Veteran's service-connected disabilities, including major depressive disorder, right and left knee conditions, hip and ankle arthritis, tinnitus, and other impairments, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a TDIU are met.

The Veteran's service connection claim for sleep apnea is being remanded due to the need for an addendum opinion from a VA examiner regarding whether her service-connected disabilities aggravated her sleep apnea.

The Board has remanded the Veteran's claims for sleep apnea, lumbosacral strain (claimed as low back condition), left hip strain with painful motion, left knee strain, lateral collateral ligament of the left ankle, flexion limitation of the left thigh, and extension limitation of the left thigh due to a lack of definitive evidence linking these conditions to service. The Veteran is required to undergo additional VA examinations for these claims.

The Veteran's dizziness has been granted service connection and a rating of 10 percent is assigned.,A 40 percent rating for lumbosacral spine DDD is granted throughout the appeal period, with forward flexion less than 30 degrees.,A 30 percent rating for cervical spine DDD is granted throughout the appeal period, with forward flexion less than 15 degrees.,The Veteran's left upper extremity radiculopathy has been granted a 40 percent rating since October 19, 2022.

The Board has determined that the VA examination conducted in February 2023 is inadequate for decision-making purposes and requires further development, including scheduling a new VA examination to address the etiology of the Veteran's sleep apnea.

The Board has remanded the case due to insufficient rationale provided by the VA examiners regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea (OSA). The examiner is requested to provide an opinion on causation, aggravation, obesity, and whether a service-connected disability caused or aggravated obesity.

The Veteran's service-connected disabilities do not render him unemployable, and the claim for TDIU is denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected PTSD, obesity, and presumed burn pit exposure. The VA must obtain additional opinions addressing these issues.

The Board has remanded the cases due to insufficient evidence for determining the nature and etiology of the Veteran's kidney condition and sleep apnea.

The Board has decided to remand the claim for service connection of sleep apnea due to insufficient development under the PACT Act and lack of a proper VA examination.

The Veteran's service connection claims for CFS and obstructive sleep apnea are being remanded due to insufficient examination findings.,A new VA examination is needed to determine the nature and etiology of the Veteran's claimed conditions.

The Board has decided to remand the case due to the need for additional development regarding the etiology of the Veteran's obstructive sleep apnea, including consideration of service-connected allergic rhinitis and other conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to new evidence received since the September 2012 denial.,The Veteran's claims for service connection for left and right knee disabilities are also being remanded as additional evidence has been submitted.

The Veteran's service connection claims for sleep apnea and a heart condition as secondary to prescribed medication for service-connected disability (PTSD and TBI) have been denied. The Board found that the current conditions are not related to service or service-connected disabilities.,There is no evidence of any causal relationship between the Veteran’s sleep apnea and his military service, with the opinion stating it did not have its onset during or within a year of service.

The Veteran's claim for bilateral pes planus was reopened and granted.,The Veteran's claim for bilateral hearing loss was reopened and granted.

The Board has remanded the case due to the need for a VA medical opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his OSA, and if obesity is an intermediate step in causing his OSA.

The Board has granted service connection for the Veteran's right knee condition and obstructive sleep apnea, finding that the evidence is in equipoise regarding these conditions being related to his military service.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and its relationship to service, toxic exposure, or his service-connected insomnia.