Sleep apnea decisions — 2023

The Board has remanded the claims for residuals of right femur chondrosarcoma, left hip condition, lower back condition, and right foot condition secondary to residuals of right femur chondrosarcoma due to insufficient rationale in previous opinions.

The Veteran's claims for increased ratings and service connection have been granted. The right knee strain, left knee strain, lumbar strain, cervical strain, laryngopharyngeal reflux disease (LPRD), and sleep apnea are all rated at the 10% level. The anterior palatoplasty and uvuloplasty scar claim is denied.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding no evidence to support a relationship between his current diagnosis and his military service.

The Veteran's sleep apnea is granted as secondary to PTSD. The tremor disorder claim is remanded for further evaluation.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to inadequate rationale in the previous opinion and the need for additional opinions.

The Board has remanded the Veteran's claims for increased ratings and TDIU as there was not substantial compliance with the March 2022 Board Remand. The claims are also remanded to determine if flare-ups caused additional limitation of motion in the left elbow, knee, or both during a VA examination.

The Veteran's right foot disability is currently rated as noncompensable prior to May 31, 2022 and in excess of 10 percent thereafter. The Veteran's sleep apnea has been granted secondary to his service-connected psychiatric disorder.,Service connection for joint pain (claimed as rheumatoid arthritis) and shin splints is remanded due to conflicting opinions.

The Board has denied the Veteran's claims for service connection for asthma and obstructive sleep apnea (OSA) as they are not secondary to his service-connected sarcoidosis.

The Board has remanded the Veteran's claims for service connection for various conditions due to incomplete review under the modernized review system.

The Board has decided to remand the case due to inadequate examination and insufficient reasoning in previous opinions regarding sleep apnea. The Veteran's claim for service connection is being returned for further development.

The Board has determined that the VA examination opinion is inadequate and remands the case for a new VA examination to assess whether the Veteran's obstructive sleep apnea is at least as likely as not caused by or aggravated by his service-connected generalized anxiety disorder.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected mental health disorder, finding that his condition was aggravated by this disability.

The Board has remanded the case due to inadequate VA medical nexus opinions regarding service connection for obstructive sleep apnea. The Veteran is to be afforded new opinions addressing causation and aggravation of his sleep apnea by PTSD, direct service connection based on lay statements, and obesity aggravation.

The Veteran's appeal is being remanded due to the incorrect use of a modernized review system form. The AOJ must issue an SOC and allow for a timely substantive appeal if one is filed.

The Board has decided to remand the case due to the need for a new medical examination and additional development, including obtaining treatment records.

The Board has remanded the Veteran's claims of service connection for various conditions due to a lack of issuance of a Statement of the Case (SOC) and improper form use in filing his appeal. The issues will be returned to the RO for further action.

The Board has decided to remand the case due to an inadequate medical opinion regarding the etiology of the Veteran's sleep apnea. The Veteran's claim will be returned for further development and consideration.

The Veteran's obstructive sleep apnea is currently rated as noncompensable, and the Board finds that it does not meet the criteria for a higher rating due to lack of evidence of chronic respiratory failure or cor pulmonale.

The Board has decided to remand the cases for further medical evaluation and opinion regarding the Veteran's claims of obstructive sleep apnea and hypertension, including as secondary to service-connected PTSD.

The Board has decided that the Veteran's Obstructive Sleep Apnea is secondary to his service-connected Asthma and remanded for further development.