Sleep apnea decisions — 2023

The Veteran's appeal is remanded due to the need for clarification regarding the severity of his service-connected lumbosacral strain and a new VA examination.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected PTSD with alcohol use disorder, and thus service connection for this condition is granted.

The Veteran's current obstructive sleep apnea was incurred during his period of active service and is granted as service-connected.

The Veteran's obstructive sleep apnea is found to be related to his service, and the claim for service connection is granted.

The Board has determined that a VA examination is needed to address the Veteran's claim for service connection for Obstructive Sleep Apnea, as there was a pre-decisional duty to assist error regarding this issue.

The Veteran's claim for an increased rating for left knee strain is dismissed.,Service connection granted for obstructive sleep apnea as secondary to service-connected left knee strain, and right knee disability and lumbar spine disability are also granted. Service connection for left ear hearing loss is granted.,A remand is ordered for a determination on the Veteran's claim of an increased rating for posttraumatic stress disorder (PTSD).

The Board has determined that the Veteran's sleep apnea began in service and granted service connection for this condition.

The Board has granted service connection for an acquired psychiatric disability to include depression. The issue of service connection for OSA, claimed as secondary to a service-connected deviated septum, is remanded for further evaluation.

The Board has decided to reconsider the claims for service connection for right foot plantar fasciitis, left upper extremity condition, and right upper extremity condition. The claim for service connection for a psychiatric condition (to include insomnia) is reopened due to new and material evidence. Service connection for right foot plantar fasciitis is granted. Remaining service connection claims are further addressed in the remand section.

The Veteran's appeals for various secondary service connection claims have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's claims for PTSD, arthritis of the right ankle and knee, hiatal hernia, muscle condition, skin condition, and sleep apnea are being remanded due to the need for additional development.

The Veteran's PTSD is rated at 100% from February 27, 2017, to November 1, 2020. He also has service connection for headaches and impotence due to his PTSD.

The Board has remanded the claims for sleep apnea and right shoulder disability, both of which are secondary to service-connected conditions. Additional development is needed to obtain relevant records from USPS.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected degenerative joint disease, lumbar spine with intervertebral disc syndrome and associated left and right lower extremity radiculopathy. The issues of rating in excess of 20 percent for degenerative joint disease, lumbar spine with intervertebral disc syndrome, service connection for sinusitis, and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded.

The Board has remanded several service connection issues due to the Veteran's withdrawal of appeals for certain claims. Service connection is granted for rhinitis, but other conditions remain under review.

The Board denied the Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea, finding no clear and unmistakable error in the April 2008 rating decision.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for additional medical examination and development of records.

The Board has remanded the issue of service connection for sleep apnea, as secondary to service-connected asthma, due to insufficient medical opinion regarding its onset and relationship to service.

The Veteran's PTSD, headaches, and obstructive sleep apnea are all found to be related to his active service.,Service connection is granted for these conditions.

The Board has remanded the claims for service connection for obstructive sleep apnea, diabetes mellitus type II, and hypertension due to lack of evidence linking these conditions to military service.