Sleep apnea decisions — 2023

The Board has remanded the cases for additional development, including obtaining medical opinions regarding the Veteran's claimed conditions and their relationship to service or service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, Obstructive Sleep Apnea, Spinal Cord Injury, Left Thigh Atrophy, Left Calf Atrophy, Left Wrist Injury, and Left Middle and Ring Fingers Fracture Residuals, prevented him from maintaining substantially gainful employment. The Board granted a TDIU effective April 29, 2020.

The Veteran's claims for service connection for allergic rhinitis, left knee RPPS, and right knee RPPS are being remanded due to the need for further development.,The Veteran's claim for a higher disability rating for lumbosacral strain is also being remanded.

Service connection for sleep apnea is denied as the evidence does not support a finding that it was incurred in or aggravated by service.,Prior to August 10, 2022, a rating in excess of 10 percent for lumbosacral degenerative arthritis with lumbago is denied due to lack of evidence showing more than limited range of motion and muscle spasm.

The Board has granted service connection for migraine headache disorder and obstructive sleep apnea, finding that these conditions are proximately due to or the result of the Veteran's service-connected tinnitus, unspecified depressive disorder, and unspecified anxiety disorder.

The Veteran's service-connected respiratory conditions (bronchitis, asthma, and OSA) are currently rated as a single disability under the criteria for sleep apnea with asthma and chronic bronchitis associated with allergic rhinitis. The Board found that separate ratings for these conditions are not warranted due to the provisions of 38 C.F.R. § 4.96(a).

The Veteran's claim for service connection for sleep apnea was granted in a June 2023 rating decision, and the appeal is dismissed. The case is remanded for further examination regarding service connection for sinus disability.

The Board has remanded the claims for headaches and sleep disorder disabilities due to inadequate medical opinions. The Veteran's service-connected psychiatric disability is believed to be related to his current symptoms.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea due to inadequate medical opinion and non-compliance with prior remand directives.

The Board denied service connection for obstructive sleep apnea, finding that the evidence did not support a link between the condition and active duty.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence, and a new examination is required.

The Board has decided to remand the case due to insufficient opinions regarding the cause and aggravation of the Veteran's obstructive sleep apnea, as well as its relationship to service.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient consideration of certain evidence and lack of clarity in the January 2021 VA medical opinion.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's obstructive sleep apnea, specifically whether it is proximately caused by or aggravated by his service-connected disabilities and weight gain. The Veteran needs an addendum opinion on these issues.

The Veteran's unauthorized medical expenses incurred from July 14 to July 22, 2014 at PSFH are denied as he had other health insurance that paid portions of the cost and the remaining amounts are copayments or similar payments which are not reimbursable by VA.

The Board has remanded the Veteran's claims for sleep apnea, hearing loss, and tinnitus due to potential secondary service connection from his service-connected PTSD and possible toxic exposure risk activity (TERA) related to his military occupation as a fixed wing aviator. Additional medical opinions are needed regarding the etiology of these conditions.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a qualifying hearing loss disability meeting VA's regulatory definition.,Service connection for TBI, whiplash, cervical spine disorder, lumbar spine disorder, sleep apnea, chronic fatigue, migraine headaches, and an acquired psychiatric disorder are remanded due to the need for further examination and clarification of medical opinions.

The Veteran's obstructive sleep apnea was not manifest in service and is unrelated to service.,The probative evidence of record does not support a finding that the Veteran's allergic rhinitis began during active service or is otherwise related to an in-service injury or disease.,There is no evidence to support a diagnosis of asthma or any chronic upper respiratory disability at any time during or approximate to the pendency of the claims.

The Veteran's claims for increased ratings for lumbosacral strain and post-operative left knee injury were denied. A 10 percent rating was granted for left knee instability.

The Veteran withdrew his appeals for service connection on all listed conditions prior to the Board's decision.