Sleep apnea decisions — 2023

The Board has denied service connection for sinus disability, hypertension, obstructive sleep apnea, and right ear hearing loss. The Veteran's left eye swelling (scar from cyst) is remanded due to the need for an examination.,Service connection for residuals of a right chest cyst surgery is also remanded as there was no clarification on whether it occurred on the left or right chest during service.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The Board finds that her current diagnosis of sleep apnea is related to her service-connected PTSD.,The Veteran's claim for service connection for fibromyalgia has been remanded as there is insufficient medical opinion regarding its onset in service or relation to service exposure.

The Board has reopened the Veteran's claims for service connection for sleep apnea and insomnia disorder due to new and material evidence. The claims are remanded for further development, including obtaining VA examinations and reviewing service treatment records.

The Board has remanded the previously denied claims for service connection due to a liberalizing law that requires VA to adjudicate these claims without needing new and material evidence.

The Board has remanded the Veteran's claims for service connection for thoracic, cervical, and lumbar spine disabilities due to issues with VA's duty to assist in obtaining medical records and a lack of an adequate statement of reasons or bases. The Veteran is also requested to provide additional evidence regarding his back injuries during service.

The Veteran and his private attorney are seeking a proper accounting for the record to determine whether the AOJ properly withheld and disbursed attorney's fees to the Veteran in the amount of $13,052.77. The Board finds it necessary to remand this matter so that the AOJ can clarify for the record how much of the withheld fee was actually disbursed.

The Board has remanded the claims for sleep apnea, right hip disability, left hip disability, right lower extremity radiculopathy, left lower extremity radiculopathy, left leg disability, right foot disability, and left foot disability due to outstanding VA treatment records.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current diagnosis to his military service or any service-connected conditions.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea condition is related to his active service.

The Veteran's service-connected lumbar spine disability was restored to a rating of 40 percent. Service connection for obstructive sleep apnea, headaches, and degenerative disc disease were granted. Obesity was denied as a separate disability.

The Board has decided to remand the case due to a need for a VA examination and medical opinion regarding whether the Veteran's obstructive sleep apnea is etiologically related to his participation in toxic exposure risk activities (TERAs). The PACT Act requires this, as the evidence does not establish service connection for the disability.

The Veteran's claims for service connection for sleep apnea and dental disability, for treatment purposes, are being remanded due to procedural issues. The claim for sleep apnea will be addressed in a Statement of the Case (SOC), while the claim for dental disability, for treatment purposes, requires referral to VHA for eligibility determination.

The Board has decided to remand the case due to insufficient reasoning in a previous VA opinion regarding the Veteran's obstructive sleep apnea. An additional medical opinion is needed to determine if the condition had its onset during service.

The Board has remanded the cases for additional development to determine if the Veteran's right ankle condition, left ankle condition, and obstructive sleep apnea (OSA) are related to service-connected conditions or obesity.

The Veteran's claims for increased ratings for her back disability and service connection for an acquired psychiatric disorder have been remanded multiple times. The case is being returned to the Board due to incomplete development, including missing examination notification letters.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) has been granted, with the Board finding that OSA is at least in part secondary to his service-connected disabilities.

The Veteran's claim for service connection for narcolepsy was granted, while claims for sleep apnea, bilateral ankle condition, back condition, and pericarditis were denied. The claim for bilateral foot condition (claimed as peripheral neuropathy) was also denied.,Service connection was not established for any of the conditions due to lack of evidence linking them to service.

The Veteran's service-connected PTSD, with insomnia and TBI caused his hypertension. The effective date for the grant of service connection for migraine headaches is set at August 29, 2014.

The Board has remanded the Veteran's claims for service connection due to an improper Notice of Disagreement form, and a new SOC must be issued.

The Board has decided to remand the case due to inadequate opinions provided in previous examinations and requests for additional information.