Sleep apnea decisions — 2023

The Board has decided to remand the issue of service connection for sleep apnea due to the need for additional VA treatment records and a medical opinion. The Veteran's claim will be reconsidered after these are obtained.

The Veteran's claim for pain radiating to the left buttocks and leg was dismissed as he withdrew his appeal.,Claims for right foot, right knee, and left knee disabilities were reopened due to new evidence.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or permanently housebound, thus SMC based on aid and attendance is denied.

The Board has remanded the claims for service connection for degenerative disc disease of the lower back and obstructive sleep apnea due to secondary service-connected generalized anxiety disorder. The Veteran's claim for left ear hearing loss was also remanded.

The Board has determined that there is new and material evidence to warrant readjudicating the service connection claims for ankylosing spondylitis, sleep apnea, cervicogenic headaches, hemorrhoids, neuropathic pain at post herniorrhaphy site, erectile dysfunction, three (3) brain tumors on left side above C1-C6 vertebrae spinal cord, and traumatic hip injury. The claims are being remanded for further review.

The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's sleep disorder and its relationship to his service-connected psychiatric disability, as well as whether he has any other separate and distinct sleep disorders.

The Veteran's OSA was granted a rating of 50% from July 23, 2018. The Veteran's GERD and right/left ankle disabilities were granted service connection with the right ankle disability being granted as reasonable doubt resolved in favor of the Veteran. Service connection for left ankle disability and exertional compartment syndrome were also granted. No new rating was assigned for allergic rhinitis.

The Veteran's appeal for a rating in excess of 20 percent for cervical spine disability was dismissed due to the Veteran's representative requesting withdrawal.,Service connection for obstructive sleep apnea is granted, with the Board finding that the evidence is in equipoise regarding whether it is related to military service.

The Board has determined that the Veteran's claims for service connection related to bilateral hearing loss, respiratory conditions (including sleep apnea), right ankle condition, left hand condition, and right hand condition require further development due to inadequate or incomplete examinations.

The Veteran's appeal regarding his bilateral hearing loss and obstructive sleep apnea was denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss or a higher than 50 percent rating for OSA.

The Board has reopened the Veteran's claims for service connection due to new and material evidence. The claims are now remanded for further examination and opinion regarding the etiology of his low back, neck, left shoulder, bilateral knee, and bilateral foot conditions.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to a lack of an adequate VA examination and the need for additional concurrent development.

The Veteran's claim for a higher disability rating for her service-connected lumbosacral strain with degenerative arthritis is being remanded due to the need for updated VA treatment records and an additional VA examination.

The Veteran's mental health disorders, including PTSD and bipolar disorder, as well as his obstructive sleep apnea are now service connected. He is also granted special monthly compensation based on the need for aid and attendance.

The Board has remanded the cases due to inadequate medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and left shoulder disability. The VA must obtain new opinions that consider the Veteran's reported asbestos exposure during service and his in-service injury.

The Board has granted service connection for sleep apnea and remanded the issues of service connection for right shoulder disorder, left shoulder disorder, thoracolumbar spine disorder, and a compensable rating for migraine headaches.

The Veteran withdrew his appeal regarding the service connection claim for obstructive sleep apnea, and the Board dismissed it.

The Veteran's service connection for sarcoidosis has been granted under the PACT Act, presuming it is related to his exposure to burn pits during his service in Kuwait. Service connection for hypothyroidism as secondary to service-connected sarcoidosis has also been granted.,Service connection for a disability manifested by brain lesion and seizures, and obstructive sleep apnea (OSA) are remanded due to insufficient evidence regarding their relationship to the Veteran's service-connected conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected musculoskeletal disabilities and depression, with obesity acting as an intermediate step.

The Veteran's TDIU claim is remanded due to the need for additional information regarding the qualifications of the VA examiners who conducted his wrist conditions and sleep apnea examinations in April 2016 and March 2017.