Sleep apnea decisions — 2023

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and an opinion regarding whether his PTSD caused or aggravated his obesity, which in turn may have contributed to his sleep apnea.

The Board has remanded the claims for service connection due to exposure to herbicide agents, as there is insufficient evidence regarding the Veteran's exposure during his active duty from December 1965 to October 1969. The AOJ must make further efforts to obtain all relevant records and determine if the Veteran was exposed to herbicides.

Service connection for muscle enzyme deficiency disorder is denied.,An initial increased rating of 10 percent for allergic rhinitis, status post septoplasty, effective September 13, 2020, is granted. A higher rating is not warranted prior to that date.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's obstructive sleep apnea is related to service, secondary to hypertension, or aggravated by abdominal aortic aneurysm.

The appeal as to diabetes mellitus type II has been withdrawn and is dismissed. The appeals for obstructive sleep apnea, right ankle disability, left ankle disability, left knee disability, and right knee disability are remanded.

The Veteran withdrew his appeal for service connection and increased ratings, including for asthma, sleep apnea, flat feet, calf/thigh muscle injuries, PTSD, bilateral knee, upper extremity radiculopathy, lower extremity radiculopathy, cervical spine, lumbar, and hypertension.

The Board has remanded the Veteran's claims for sleep apnea, bilateral hernia residuals, and heart condition due to insufficient development regarding his Reserve service.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, finding that the aggravation of OSA by PTSD is at least as likely as not.

The Board has determined that there is not substantial compliance with the May 2020 directives and has remanded several issues, including those related to hip replacements, cervical strain, lumbosacral strain, and service connection for the cause of death. The claims are being returned for further development.

The Veteran withdrew his appeal for a compensable rating for obstructive sleep apnea, and the Board has dismissed this claim.

The Board has remanded the claims for service connection due to incomplete development, and they will be reviewed again by the VA Regional Office.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected post-traumatic stress disorder, and thus service connection for OSA is granted.

The Board has decided that the Veteran's tinnitus claim is denied, and the sleep apnea claim is remanded for further development.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The claims for emphysema, deep vein thrombosis, diverticulitis, pulmonary embolisms, and sleep apnea are remanded due to the need for additional development.

The Veteran's sleep disorder, including obstructive sleep apnea, is found to have been incurred in service and granted service connection.

The Board has found that the RO did not complete all directed development and returned the matter to the RO for further action. The Veteran's service records, including his MOS and locations of service, need to be verified, as well as VA examinations and opinions regarding his claimed disabilities.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and a rating in excess of 10 percent for lumbar spine disability due to the need for additional medical opinions.

The Board has remanded the Veteran's claims due to the need for additional VA treatment records.

The Board has dismissed the Veteran's claims for obstructive sleep apnea, right shoulder condition, and eating disorder due to service-connected PTSD. The remaining issues of upper left extremity disability (due to a service-connected left shoulder), tension headaches, erectile dysfunction, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity are remanded for further development.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and asthma, finding that there is no evidence to support a nexus between these conditions and his military service or any service-connected disabilities.