Sleep apnea decisions — 2023

The Board has determined that additional evidence was added to the Veteran's claims file since the September 2019 SOC and requires remand for AOJ consideration. The issues of service connection for left hip disorder, right knee disorder, bilateral ankle condition, and sleep apnea are all being remanded due to lack of proper consideration in previous decisions.

The Veteran's service-connected conditions, including ischemic heart disease, lumbosacral strain, and peripheral neuropathy of the lower extremities, prevented him from securing or maintaining substantially gainful employment.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities have caused or aggravated his obesity, and whether obesity has caused or aggravated his sleep apnea.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine with intervertebral disc syndrome and lumbosacral strain is being remanded for a new examination to assess its current severity.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and opinions, particularly regarding his exposure to burn pits during military service.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding direct service connection and obesity as an intermediate step.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there is no evidence to support a relationship between his current condition and his military service.

The Board has determined that the VA examinations and opinions are inadequate, and thus remanded for further evaluation of service connection claims related to an acquired psychiatric disorder, sleep apnea, bruxism, and gastrointestinal disorders.

The Board has decided to remand the Veteran's claims for sleep apnea and hypertension due to the need for additional medical opinions regarding the etiology of these conditions, particularly in relation to service-connected sinusitis and allergic rhinitis as well as exposure to toxic substances during service.

The Veteran's appeals for service connection for arrhythmia and sleep apnea, both secondary to PTSD with obsessive compulsive disorder, are remanded due to inadequate opinions in the VA examination reports.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis of OSA is due to her in-service symptoms and that she is entitled to a presumption of soundness at entry into military service.

The Board has denied service connection for right ear hearing loss, finding that the Veteran's current condition is not related to his military service. The case is remanded for further action on the claim of service connection for sleep apnea.,Service connection for sleep apnea is also being remanded due to potential secondary service connection based on the presumptive exposure to burn pits and associated conditions.

The Veteran is entitled to a total disability evaluation based on individual unemployability prior to February 13, 2015 due to his service-connected disabilities. On or after February 13, 2015, the combined rating of his service-connected disabilities does not meet the criteria for TDIU.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and diabetes mellitus, as well as his claim for an effective date prior to April 11, 2022 for the grant of service connection for a right and left upper extremity radiculopathy. The Board found that VA examinations are needed to determine the nature and etiologies of these conditions.

The Veteran's claim for a higher rating for PTSD is remanded, and his claim for service connection for obstructive sleep apnea is also remanded.

The Veteran's PTSD is rated at 100% effective October 26, 2015. He also received a 100% rating for his service-connected PTSD prior to that date. The Veteran was granted SMC based on the need for aid and attendance throughout the appeal period. Financial assistance for automobile or other conveyance and adaptive equipment is also granted.

The Veteran's obstructive sleep apnea was diagnosed shortly after separation from active duty, but the Board found that symptoms began during service. Service connection for this condition is granted.

The Board has remanded the case to determine how much Federal income tax was withheld from the total amount of SSB pay awarded to the Veteran, in order to accurately recoup the VA disability compensation benefits.

The Board has found that an addendum VA opinion is necessary to determine the merits of service connection for the Veteran's sleep apnea, given his statements in his December 2019 Form 9 and the examiner's findings.

The Board has remanded the Veteran's claim for service connection for a left knee disorder due to incomplete personnel records.,Service connection is denied for obstructive sleep apnea and sleep disturbances as secondary to obstructive sleep apnea.