Sleep apnea decisions — 2023

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and remanded the issues of entitlement to a disability rating in excess of 50 percent for unspecified depressive disorder, a disability rating in excess of 10 percent for right patellofemoral pain syndrome (knee strain), and entitlement to a total disability rating based upon individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disability and sleep apnea due to insufficient examination opinions addressing the etiology of his mental health conditions and sleep issues.

The Veteran's obstructive sleep apnea is found to have begun during active duty service and the Board grants service connection for this condition.

The Board has remanded the claims for service connection due to new evidence added to the claims file, including VA outpatient records. The issues of service connection for teeth issues, shoulder condition, acquired psychiatric disorder, right foot (pes planus), limitation of flexion right knee/leg, gout (claimed as painful joints), generalized body aches, skin disability, chronic obstructive pulmonary disease (COPD), recurrent allergies, sleep apnea, bilateral hand disability, sinus disability, and asthma are remanded for further development.

The Veteran's claims for fibromyalgia, a back disability, and left side restless legs and arms have been reopened due to the submission of new and material evidence. Service connection has been granted for these conditions.,The Veteran's migraines are being remanded as his claim is not yet fully adjudicated.

The Veteran's service connection claims for various disabilities, including back, neck, knee, shoulder, and esophageal conditions, have been granted. The issues of service connection for a left knee meniscal tear, right hand disability, left hand disability, fatigue (undiagnosed illness), and memory loss (undiagnosed illness) are remanded.

Your claim for service connection for obstructive sleep apnea has been fully granted, and you are now receiving a 100% disability rating since January 27, 2017. The appeal is dismissed as the issue has already been resolved.

The Board has dismissed the Veteran's appeals for service connection of GERD and alopecia. The appeal for OSA was granted, but only because the Veteran withdrew his appeal.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to service or caused by his service-connected GERD and/or psychiatric disorder.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, has been reopened. The Board finds new and material evidence to support the reopening of this claim. However, the claims for coronary artery disease, hypertension (high blood pressure), and obstructive sleep apnea are remanded due to insufficient medical records and need for further examination.

The Board has granted service connection for OSA as secondary to obesity caused by the appellant's service-connected musculoskeletal disabilities, including bilateral ankles and lumbar spine. The claim of a disability rating in excess of 10 percent for lumbar strain with spondylosis T9-T12 is remanded. The issue of whether new and material evidence has been received sufficient to reopen a previously denied claim of entitlement to service connection for a lung disability is also remanded.

The Veteran's left ear hearing loss has been rated as noncompensable throughout the appeal period. The Board finds that his symptoms do not warrant a higher rating.,For PTSD, the Veteran's symptoms have resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. He has been rated at 70 percent for this period.

The Veteran's service-connected sleep apnea and emphysema with lung bullae have been assigned a single disability rating of 50 percent. The Board found that separate ratings for coexisting respiratory conditions are not warranted.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional development, including obtaining SSA records.

The Veteran's claims for service connection have been remanded due to insufficient medical evidence and the need for additional examinations. The claims will be reconsidered based on new evidence.

The Veteran's claims for service connection for radiculopathy of the bilateral lower extremities have been dismissed.,The Veteran's claim for service connection for chronic fatigue syndrome has been denied, as his reports are linked to sleep apnea and a service-connected psychiatric disability.,The Veteran's claim for service connection for sleep apnea has been granted.,The Veteran's neck disability (cervical spondylosis with myelopathy) is considered service connected.,The Veteran's radiculopathies of the upper extremities are also considered service connected.,New and material evidence was received to reopen the claim for service connection for a right shoulder disability, which is granted in part.,Other claims remain pending and will be remanded.

The Veteran's claims for service connection have been referred to the RO. The SMC claim is remanded as it is inextricably intertwined with these pending claims.

The Board has remanded the case due to insufficient examination reports and lack of photographs, which were requested in previous remands. The Veteran's claim for a compensable rating for service-connected scarring is now before the VA again.

The Board denied service connection for a heart disability, CAD, and sleep apnea due to the lack of evidence linking these conditions to active duty service. The Veteran's current diagnoses were not shown to have onset during service or be related to asbestos exposure.

The Board has remanded the Veteran's claims for service connection for sleep apnea and gastroesophageal reflux disease (GERD) due to inadequate VA examination opinions. Additional development is needed, including obtaining addendum VA medical opinions to address the nature and etiology of these conditions.