Sleep apnea decisions — 2023

The Board has restored the Veteran's 20% rating for cervical degenerative arthritis/spondylosis and granted service connection for obstructive sleep apnea as secondary to his service-connected major depressive disorder with traumatic brain disorder. The reduction in rating was improper due to inadequate procedural notice.

The Board has remanded the Veteran's claims for service connection for vertigo and OSA due to new and material evidence submitted since the last final denial. The claims are now pending for further examination and opinion.

The Veteran's service-connected disabilities do not involve his eyes, have not resulted in anatomical loss or use of both feet or one hand and one foot, but they have rendered him so helpless as to be in need of regular aid and attendance since January 1, 2019.

The Board has remanded the issue of TDIU prior to December 8, 2016 due to insufficient evidence and requests for private records.

The Board has determined that the remand is necessary to obtain an addendum opinion addressing the theories raised by the Veteran and the articles cited, as well as to secure updated VA and private treatment records.

The Veteran's low back disability, left ear hearing loss, right ear hearing loss, PTSD, and hernia are granted. The Veteran is also granted higher ratings for PTSD and hernia from specific dates. Other conditions are remanded.

The Board has decided to remand the case due to incomplete information about the Veteran's periods of active duty for training and inactive duty for training in the Army National Guard. The Veteran needs a VA examination to determine if his sleep apnea is related to his service.

The Board has denied the Veteran's claims for service connection for sleep apnea, a heart condition (claimed as coronary artery disease), hypertension, and an acquired psychiatric disorder to include major depressive disorder. The decision is mixed, with some issues being granted and others not. The appeal was remanded for additional development on the headache condition and major depressive disorder.

The Board has remanded the claims for service connection for sleep apnea and headaches due to inadequate medical opinions, failure to comply with previous remand instructions, and need for additional development including toxic exposure risk activity (TERA) examinations.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding the Veteran's sleep apnea condition. The claim will be returned for further examination and an updated medical opinion.

The Board has granted service connection for a left knee disability, post-traumatic tissue mass of the right midfoot, bilateral hearing loss, tinnitus, acne rosacea, and tension headaches. Service connection was denied for a right knee disability, arrhythmia, prostatic hypertrophy, and a disability manifested as tingling and numbness in hands, fingers, toes, and forehead.

The Veteran's claims for service connection have been granted, with the exception of asthma. The Board found that new and material evidence had been submitted to reopen the claim for asthma, and service connection was granted for obstructive sleep apnea. Other claims were remanded due to lack of STRs and Reserves records.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for dizziness, insomnia / a sleep disorder (other than sleep apnea), and memory impairment are denied as there is no indication of any new or additional disability associated with VA medical activity or events relevant to entitlement under 38 U.S.C. § 1151.

The Board has remanded the Veteran's claims for TMJ, sleep apnea, and testicular cyst due to service connection. The cases are being sent back for further development including VA examinations.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a link between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to his service-connected lumbosacral strain.

The Board has remanded the Veteran's claims for service connection due to exposure to contaminated water at Camp Lejeune and claimed exposures in Beirut, Lebanon. The cases are being sent back for further examination and opinion regarding the relationship between these exposures and the Veteran's conditions.

The Board has remanded the Veteran's claims for a compensable rating for lumbosacral spondylosis and service connection for left knee condition, to include iliotibial band syndrome due to inadequate development of evidence.

The Board has remanded several issues related to the Veteran's claims, including service connection for traumatic brain injury, heart disability (secondary to protein C blood disorder), neck disability, psychiatric disability, and sleep apnea. The appeals are pending further medical evaluation and opinion.

The Board has remanded the claims for service connection for right knee arthritis and obstructive sleep apnea due to incomplete development.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis of sleep apnea became manifest while he was on active duty and is related to his military service.