Sleep apnea decisions — 2023

The Board has remanded the issues of service connection for obstructive sleep apnea and traumatic brain injury due to their complexity and need for additional medical examination.

The Veteran's TDIU claim is granted, and he meets the criteria for basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.,Service connection for recurrent sleep disability (obstructive sleep apnea) and thyroid disability (hypothyroidism and obesity) are remanded due to insufficient evidence regarding their etiology.

The Board denied service connection for lumbar radiculopathy, finding that the evidence did not support a diagnosis of this condition.,The Board also remanded the issue of an initial rating in excess of 10 percent for degenerative disc disease and lumbosacral strain due to conflicting findings from previous examinations.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as the earliest possible effective date is March 1, 2018, which is one day after his separation from active duty.

Service connection is granted for alopecia, and a rating of 70 percent is granted for PTSD throughout the entire period on appeal.,Service connection is denied for sleep apnea. The Veteran's STRs indicate complaints of snoring and gasping for air but no diagnosis of sleep apnea was established in April 2017 or February 2018 VA examination.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claims for service connection were dismissed as moot due to the full grants of benefits. The claim for a 50 percent disability rating for bilateral plantar fasciitis was granted effective September 25, 2013.

The Veteran's appeal of service connection for anemia was withdrawn during a hearing. The Board has dismissed the issue and remanded the remaining claims: obstructive sleep apnea, atrial fibrillation, hypertension, and erectile dysfunction.

The Board has granted the Veteran's application to reopen his claim for service connection for obstructive sleep apnea and has remanded the case for further development, including obtaining an opinion on whether the condition had onset in or is related to service.

The Veteran's eye disabilities, including retinitis pigmentosa, glaucoma, and cataracts are remanded for further examination and treatment records review.

The Board dismissed the appeals for service connection for obstructive sleep apnea, right shoulder strain, and bilateral hearing loss. The appeal for a recurrent gastrointestinal disability to include GERD, diverticulitis, colon polyps, and an undiagnosed illness claimed as the result of exposure to burn pits in Southwest Asia is remanded.

The Veteran's sleep apnea is being remanded for further evaluation due to the need for updated VA treatment records and a medical opinion regarding its onset during service, relationship to military exposure, and relation to his deviated septum.

The Veteran's irritable bowel syndrome (IBS) is granted service connection. Service connection for hyperdermatographism, right Achilles tendinitis, left Achilles tendinitis, left knee arthritis, and right knee arthritis are denied.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and acquired hearing loss disability due to additional development being necessary.

The Board has determined that further development is necessary to comply with VA's duty to assist the Veteran in obtaining evidence needed to substantiate his claims for service connection. The case is being remanded for additional examinations and a review of the medical records.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the lack of a VA examination and opinion regarding his participation in toxic exposure risk activities (TERA) during service.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if resulting obesity was a substantial factor in causing or aggravating his obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his right wrist, bilateral shoulder, and OSA disabilities. The claims are being returned for further development including examinations and verification of toxic exposure.

The Board has granted the Veteran's claim for service connection for mixed sleep apnea, finding that new and material evidence was received to reopen the claim. The Veteran's current diagnosis of mixed sleep apnea is linked to his in-service symptoms and history.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations, including VA examinations for his acquired psychiatric disorder, neck disability, low back disability, right knee disability, left shoulder disability, sleep apnea, right ear hearing loss, and left ear hearing loss (for VA purposes).