Sleep apnea decisions — 2023

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest in service and is not otherwise causally related to an in-service event or disease, or secondary to a service-connected disability.

The Veteran's claim for service connection of sleep apnea was dismissed. The Veteran's PTSD is granted with a rating of 70 percent, effective from the date of the decision.

The Veteran is not able to obtain or retain substantially gainful employment due to his service-connected disabilities from February 22, 2017.,Basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. chapter 35 from February 22, 2017 is granted.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) from November 1, 2009 was denied as he did not meet the schedular criteria and there was insufficient evidence to consider an extraschedular TDIU.

The Board has determined that the current OSA is not directly related to service-connected TMJ dysfunction and requires further examination and opinion regarding its etiology.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and service, as well as the impact of his service-connected disabilities on his obesity.

The Veteran's initial claim for an initial compensable evaluation for sarcoidosis was denied. The Board found that his sarcoidosis did not meet the criteria for a compensable rating as it did not result in persistent symptoms requiring treatment with corticosteroids, cor pulmonale, cardiac involvement, or progressive pulmonary disease.,The Veteran's claim for a compensable evaluation prior to March 8, 2022 for tension headaches was denied. The Board found that his headaches did not meet the criteria for a 10 percent rating as they did not result in characteristic prostrating attacks.

The Board has decided to remand the Veteran's claim for a recurrent sleep disability, including obstructive sleep apnea and insomnia, due to insufficient evidence regarding its onset during service or its relationship to other service-connected conditions.

The Board has remanded the case due to insufficient reasoning and a need for a new medical opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected S/P nasal bone surgeries.

The Board has found that further development is necessary for the Veteran's claims of service connection for various conditions, including erectile dysfunction, hypertension, thyroid condition, diabetes, obstructive sleep apnea, and bilateral hearing loss. The case is being remanded to ensure compliance with prior instructions.

The Veteran's initial claim for an increased rating for his left shoulder disability was denied. The Veteran is now in receipt of a TDIU and SMC at the housebound rate due to additional service-connected disabilities.

The Board has remanded the case due to insufficient opinions regarding whether obstructive sleep apnea is related to service, including exposure to harmful chemicals as a helicopter mechanic. The examiner should also address whether PTSD with major depressive disorder and/or tinnitus cause or aggravate obstructive sleep apnea.

The Veteran's TDIU claim is granted from July 16, 2013. All service connection claims are remanded.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions and records. The Board will consider whether his sleep apnea is related to in-service events, or caused by or aggravated by his service-connected allergic rhinitis and/or unspecified anxiety disorder.

The Board has remanded the claims for increased rating and TDIU on an extraschedular basis prior to February 27, 1998, due to insufficient evidence in the record regarding the Veteran's lumbar spine disability during that period.

The Veteran's appeal of service connection for obstructive sleep apnea was not perfected due to the lack of a Substantive Appeal, and thus the case is being remanded for issuance of an SOC.

The Board has determined that the VA examination opinions are inadequate and remanded for further clarification on all theories of service connection.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected depressive disorder, finding that the evidence is in equipoise regarding this relationship.

The Board has remanded the Veteran's claims for sinusitis, migraines, and obstructive sleep apnea due to the need for additional medical examination.

The Veteran's claims for increased ratings for lumbosacral spine, cervical spine, left knee, and right knee disabilities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.