Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral hand condition due to insufficient opinions regarding their etiology. The AOJ is instructed to obtain adequate medical opinions addressing these issues.

The Veteran's low back disability and related radiculopathy issues are remanded for further development. Service connection for PTSD is also remanded.

The Board has decided to remand the cases for further development and examination due to insufficient consideration of the Veteran's lay statements and medical opinions regarding his hearing loss and sleep apnea.

The Veteran's hearing loss is currently rated as noncompensable, and the Board finds no evidence of a compensable rating throughout the appeal period.,For Crohn's Disease with hiatal hernia, the Veteran does not meet the criteria for a disability rating in excess of 10 percent prior to April 12, 2023 or 60 percent thereafter. The Board finds no evidence of severe impairment of health due to symptoms such as pain, vomiting, material weight loss, and hematemesis.,The Veteran's OSA is currently rated at 50 percent, but a remand is necessary for the VA examiner to assess whether his disability has worsened since his last examination over ten years ago.,For radiculopathy of the left lower extremity, the Veteran does not meet the criteria for a higher rating. A remand is necessary for the VA examiner to evaluate the current severity and nature of his symptoms.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected disabilities and if obesity contributed to his condition.

The Veteran's tension headaches are granted as incurred during service. The claim for a rating in excess of 10 percent for tinnitus is denied, and the claim for an earlier effective date for left ear hearing loss is also denied. TDIU is granted with conditions met. Effective dates for other claims are not granted.

The Veteran has withdrawn his appeals for traumatic brain injury, sleep apnea, and an increased rating for costochondritis. The appeal is dismissed as a result.

The Board has decided to remand the case due to insufficient evidence and additional development is needed. The Veteran's obstructive sleep apnea may be related to service, but a VA opinion is required to determine if it was aggravated by his service-connected psychiatric disorder.

The Board has denied service connection for a cervical spine disorder and obstructive sleep apnea, finding that the Veteran's conditions are not related to his military service. The appeal regarding headaches is remanded due to inadequate VA medical opinions.,Service connection was denied for all three claimed conditions: cervical spine disorder, obstructive sleep apnea, and headaches (migraines).

The Veteran's entitlement for obstructive sleep apnea secondary to PTSD is granted, and her PTSD rating is increased to 70 percent with a noncompensable baseline.

The Veteran's COPD is granted as service-connected due to in-service exposure to jet fuel. The left and right knee disabilities, and GERD are remanded for further development.

The Board has determined that the Veteran's obstructive sleep apnea is caused and/or aggravated by his service-connected adjustment disorder and tinnitus, thus granting service connection for this condition on a secondary basis.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is likely to have begun during her period of active duty, and thus service connection for OSA is granted.

The Board has granted service connection for diabetes mellitus, type II (diabetes) and obstructive sleep apnea (OSA), both found to be secondary to the Veteran's service-connected intervertebral disc syndrome with lumbosacral strain.

The Board has decided to remand the case due to a duty to assist error, specifically not having obtained a VA examination prior to the April 2020 rating decision regarding whether the Veteran's obstructive sleep apnea is related to his service. The AOJ will obtain a VA examination and medical opinion to determine if this disability is related to the Veteran's service.

The Board has remanded the issues of service connection for right ear hearing loss, tinnitus to include as secondary to hearing loss, pharyngitis, sinus disability, and psychiatric disability due to pre-decisional duty to assist errors.,The Veteran's current left ear hearing loss is not shown at any time during or proximate to the appeal period.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected psychiatric disorder, back disorder, and radiculopathy of the left lower extremity. As such, the claim for service connection for obstructive sleep apnea as secondary to these conditions is granted.

The Veteran's lumbar spine disability, including lumbosacral strain and intervertebral disc syndrome, is related to her active service.,The Board finds that the Veteran's bilateral lower extremity radiculopathy is secondary to her now service-connected lumbar spine disability.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected posttraumatic stress disorder (PTSD). Service connection for this condition is granted.

The claim of service connection for acute myeloid leukemia is granted, and the claim of service connection for obstructive sleep apnea is denied.