Sleep apnea decisions — 2023

The Veteran's appeals for increased ratings and effective dates have been dismissed. The Board also found that the Veteran is entitled to a TDIU from November 18, 2015 through January 24, 2017 due to his service-connected PTSD and major depressive disorder with secondary alcohol abuse.

The Veteran's left knee disorder, sinusitis, and sleep apnea are all granted as service-connected. The left knee disorder is linked to his service-connected right knee disability. Sinusitis is presumed due to exposure to fine particulate matter during active duty in the Southwest Asia theater of operations. Sleep apnea is considered presumptive based on its manifestation within 10 years from separation and a confirmed diagnosis.

The Board has dismissed the appeal of PTSD service connection due to withdrawal by the appellant. The sleep apnea claim is remanded for further consideration.

The Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea is denied as it does not meet the criteria.

The Veteran seeks earlier effective dates for his service-connected radiculopathy of the left and right lower extremities. The Board finds that records from Southwest Medical Associates, Dudley Chiropractic, and Nevada Orthopedic & Spine Center may contain relevant information to support an earlier effective date.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active military service and grants service connection for this condition.

The Board has determined that the Veteran's claims for service connection are remanded due to additional evidence received and the PACT Act, which requires a TERA-specific examination.

The Board denied the Veteran's claims of service connection for sleep apnea, gastrointestinal disability (GERD and/or hiatal hernia), and hypertension. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries or diseases.

The Board has granted service connection for obstructive sleep apnea as aggravated by and secondary to the Veteran's service-connected allergic rhinosinusitis, finding that all reasonable doubt should be resolved in favor of the Veteran.

The Veteran's appeals for service connection for pulmonary nodules and kidney stones have been dismissed. The claims of service connection for neuropathy of the right and left lower extremities, hypertension, peripheral neuropathy of the right and left lower extremities, PVD of the right and left lower extremities, PTSD, and OSA are all granted on a presumptive basis due to herbicide agent exposure in Vietnam.

The Board has remanded the claims of service connection for diabetes mellitus, fibromyalgia, and obstructive sleep apnea due to outstanding VA treatment records and inadequate previous examinations. The Veteran's lay statements will be considered in conjunction with medical evidence.

The Board has reopened the Veteran's claim for service connection for sleep apnea and remanded it for further development. The breathing condition (claimed as asthma/breathing condition) issue is also being remanded.

The Veteran's service connection claims for a left ankle disorder and lumbosacral disorder are granted. The claim for an acquired psychiatric disorder is denied.

The Veteran's OSA is being remanded for further examination and opinion regarding its relationship to his conceded exposure risk activities during service.

The Board has remanded the case for additional development due to lack of substantial compliance with previous remand directives. The Veteran's claim is being reviewed again to determine if his obstructive sleep apnea (OSA) was incurred in service or related to an in-service injury, disease, or event, including exposure to herbicide agents and any other TERA during his service in Vietnam.

The Board has decided to remand the case for further examination and opinion regarding service connection for obstructive sleep apnea, specifically addressing whether it is at least as likely as not related to service or secondary to obesity due to a service-connected condition.

The Board has vacated the portion of its April 2019 decision that denied service connection for a back disability and sleep apnea, as the Veteran was not provided an opportunity to present his case at a hearing. The claims are now REMANDED for further development.

The Board has granted service connection for obstructive sleep apnea, finding it etiologically related to exposure to asbestos during active service. The claim is based on a presumption of herbicide agent exposure.

The Veteran's claim for an evaluation in excess of 60 percent disabling for service-connected bronchial asthma with obstructive sleep apnea, including whether a separate evaluation is assignable for obstructive sleep apnea, has been remanded due to the need for additional medical evidence.

The Board has decided to remand the cases of sleep apnea and left knee disability for additional development, including obtaining new medical opinions that use the correct standard of 'aggravated beyond its natural progression by' a service-connected condition.