Sleep apnea decisions — 2023

The Board has decided to remand the case due to a lack of a VA examination for sleep apnea and insufficient evidence linking the condition to service.

The Board has granted service connection for irritable bowel syndrome, left ear hearing loss, and obstructive sleep apnea. The claim for right ear hearing loss is remanded due to lack of current disability as defined by VA regulations.

The Veteran's persistent depressive disorder was granted service connection as it is presumed to have been incurred during his active duty. The Board also found that the Veteran had other disabilities, including sleep apnea and recurrent rashes, which are not directly related to his service.

The Board has remanded the appeals for additional development due to a failure to provide proper notice of substitution.

The Veteran's appeal for an increased rating for tinnitus has been withdrawn. The Board has remanded several service connection and rating issues due to the need for additional evidence or examinations.

The Veteran's claims for service connection under Chapter 17 of the VA benefits are being remanded due to procedural issues and the need for additional development, including medical examinations.

The Veteran's attorney has withdrawn the appeal for service connection of obstructive sleep apnea, and the Board has dismissed it.

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature, severity, and etiology of his service-connected PTSD prior to December 10, 2019; right foot fifth metatarsal fracture; hiatal hernia with GERD; erectile dysfunction; and obstructive sleep apnea. The Veteran's claims are also remanded for additional opinions regarding the relationship between his nonservice-connected psychiatric disabilities and his service-connected PTSD.

The Veteran's bilateral knee disabilities and left hip disability are related to his service-connected conditions, including bilateral pes planus. The nose disability is not related to service, but the sleep apnea and right ankle disability may be secondary to service-connected conditions.,The Veteran's right ankle disability is not related to service.

The Board has remanded the claims for service connection for sleep apnea, left knee disorder, and low back disorder due to the need for additional development. Specifically, addendum opinions are needed regarding whether these conditions are at least as likely as not related to active-duty service, including considering the Veteran's weight/BMI during service and his toxic exposure.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a sleep disorder (including sleep apnea) is remanded due to potential TERA exposure.,Service connection for any acquired psychiatric disorder is remanded due to potential TERA exposure.,Service connection for headaches, to include as secondary to a service-connected disability, is remanded due to potential TERA exposure.,Service connection for a back condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.

The Veteran's appeal for increased disability ratings and SMC is being remanded due to the need for additional examinations and development of the record.

The Board has dismissed the Veteran's appeals for various ratings and TDIU claims related to his low back disability, frostbite residuals in his left hand, PTSD, and TDIU prior to May 31, 2017. The appeal was withdrawn by the Veteran's attorney.

The Veteran withdrew his appeal regarding the increased rating for postoperative herniated lumbosacral discs, and the case is dismissed.

The Board has granted service connection for OSA and GERD as secondary to the Veteran's service-connected asthma. The decision is based on medical opinions that support a causal relationship between these conditions and the service-connected asthma.

The Board has denied a compensable rating for hypertension and has remanded the issues of service connection for pancreatitis as secondary to hypertension medications and for obstructive sleep apnea as secondary to major depressive disorder and hypertension.

The Veteran's back brace, right knee brace, and left knee brace were found to cause wear and tear on his clothing due to regular use during 2015. The topical skin cream and pain cream used for service-connected conditions did not meet the criteria for a clothing allowance.,Entitlement was granted for annual clothing allowances for back brace, right knee brace, and left knee brace in 2015.

The Board has granted service connection for obstructive sleep apnea, right ear hearing loss, and tinnitus. Service connection was denied for left ear hearing loss.

The Board has remanded the Veteran's claims of service connection for asthma and OSA due to inadequate opinions regarding his exposure to TCE, asbestos, and herbicide agent in service.

The Board has remanded the appellant's claims for service connection due to incomplete processing of his supplemental claim and failure to issue a statement of the case (SOC).