Sleep apnea decisions — 2023

The Board has remanded the claims for service connection for lymphedema of the left leg, a respiratory disability other than sleep apnea, and sleep apnea due to inadequate medical opinions regarding toxic exposure at Camp Lejeune. The Veteran is requested to provide additional medical opinions on these issues.

The Board has remanded the Veteran's claim for service connection for OSA, finding that a VA medical examination and opinion are necessary to comprehensively evaluate his claim. The issues include determining if OSA is proximately due to or aggravated by his service-connected PTSD and hypertension.

The Board has remanded the claims for increased ratings for various knee, ankle, and lumbosacral spine disabilities due to incomplete medical records. The AOJ must obtain these records from private providers.

The Veteran's OSA is granted secondary to his service-connected PTSD. The Veteran's radiculopathy of the RLE associated with thoracolumbar strain is granted a 10 percent rating throughout the appeal period.

The Board has granted service connection for the Veteran's right shoulder condition and sleep apnea. The remaining issues of service connection for arthritis of the bilateral feet, bilateral hearing loss disability, and respiratory disorder are remanded.

The Board has remanded the case due to insufficient consideration of the Veteran's burn pit exposure and lack of a TERA examination. The claim will be reconsidered with these factors in mind.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of a rating in excess of 50 percent for major depression.

The Board has granted service connection for obstructive sleep apnea and has remanded the issues of rating in excess of 20 percent for a back disability, compensable rating for metacarpal repair of the right foot, service connection for hypertension, and service connection for adult onset diabetes.

The Board has determined that new and material evidence has been received to reopen several service connection claims, including for bilateral eye disability, psychiatric disorder, OSA, hypertension, cervical spine, left shoulder disability, right shoulder disability, left wrist disability (CTS), right wrist disability (CTS), left lower extremity disability (residuals of left femur fracture), gout, sinus disability (sinusitis), breathing disability (allergic rhinitis), colon cancer, colon polyps, hemorrhoids, and H. Pylori infection (claimed as stomach disability). These claims are now remanded for further development.

The Veteran's tinnitus and OSA are granted service connection. The issues of chronic fatigue syndrome, fibromyalgia, and sleep disturbances related to these conditions are remanded for further examination.

The Board dismissed the appeal due to the appellant's withdrawal of her request for a hearing and appeal.

The Veteran's claim for an increased rating of his lumbosacral strain with degenerative arthritis was denied as he failed to cooperate by not attending a required VA examination.

The Board has granted service connection for the Veteran's sleep apnea as secondary to his service-connected PTSD, finding that there is at least approximate balance of positive and negative evidence regarding this claim.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current disability related to active-duty service and affirms the grant of service connection for PTSD. The Veteran's claim for service connection for Sleep Apnea is remanded due to lack of an opinion on its etiology.

The Board has remanded the case due to insufficient rationale in the January 2020 VA examination, and a new addendum opinion is needed. The examiner must address whether obstructive sleep apnea had its onset during service or was related to PTSD.

The Board has dismissed the appeal because a full grant of service connection for obstructive sleep apnea (OSA) was granted by the RO in an August 2023 decision, which resolved the issue on appeal.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain is being remanded due to the need for additional medical examination.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral foot disability due to a lack of medical opinions addressing his contentions. The Veteran is also being asked to undergo VA examinations to address these issues.

The Board denied the Veteran's claims for service connection for a sleep disorder, including sleep apnea, and any relationship to his service-connected disability. The evidence did not show continuity of symptoms since service or establish a direct link between the current condition and active duty.

The Veteran's respiratory condition, manifested by shortness of breath, was caused by service-connected back and foot conditions.,The Veteran's dizziness was caused by service-connected tinnitus and respiratory condition.,OSA began during active-duty service and is aggravated by the Veteran's service-connected musculoskeletal conditions due to obesity.,Migraine headaches were caused by service-connected OSA and respiratory condition.,PFB and acne keloidalis nucae began during active-duty service.,Bilateral shin splints were caused by the service-connected left foot and left ankle conditions.,Anal fistulas developed because of obesity and sedentarism due to the service-connected musculoskeletal conditions.,The Veteran's anal fistula condition was caused by the service-connected back, left foot, and left ankle conditions.