Sleep apnea decisions — 2023

The Board has denied service connection for a sleep disorder, finding that the current diagnosis of Obstructive Sleep Apnea (OSA) is not related to in-service symptoms and does not meet the diagnostic criteria for OSA.

The Board has determined that additional information is needed to decide the Veteran's claims for service connection for bilateral hearing loss, hypertension, and obstructive sleep apnea. The claims are being remanded for further development.

The Veteran's fatigue is granted as secondary to his service-connected psychiatric disability. The neurological symptoms/pain of multiple joints and obstructive sleep apnea are remanded for further examination.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is causally related to his active duty service.

The Board has determined that the Veteran's sleep apnea began during his military service and granted service connection for this condition.

The Board denied the Veteran's claims for earlier effective dates for tinnitus and lumbosacral strain (previously rated as low back pain) because there was no clear evidence of nonreceipt, and thus the presumption of regularity applied. The effective date remains November 13, 2017.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his service-connected diabetes or if it had its onset in service. The Veteran needs a VA examination and medical nexus opinions on direct and secondary service connection.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history prior to July 24, 2017. Therefore, entitlement to a TDIU prior to that date is denied.

The Board denied the Veteran's claims for service connection for a left shoulder disorder and obstructive sleep apnea (OSA), finding that there was no evidence of chronicity of care or treatment related to these conditions during active duty or within one year after discharge. The Board also found that there was no causal relationship between the current diagnoses and service.

The Veteran's claims for increased ratings for lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded due to inadequate examination reports. The TDIU claim is also remanded as the employment history is unclear.

The Veteran's obstructive sleep apnea is granted as secondary to his diabetes mellitus, type II.,The Veteran's diabetes mellitus, type II, does not require regulation of activities and thus a higher rating is denied.

The Board has remanded the cases for further development due to incomplete information and procedural issues.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) first manifested during service and is related to his military service, granting service connection for OSA.

The Board has decided to remand the case due to inadequate examination opinions regarding the Veteran's sleep apnea and its relation to his service-connected disabilities.

The Veteran's hypertension and diabetes mellitus, Type II are granted as presumptively related to his in-service herbicide exposure. The Veteran's obstructive sleep apnea is remanded for further evaluation.

The Board has remanded the appeal due to insufficient evidence and scheduling issues, including a missed VA examination. The Veteran's low back disability severity needs to be reassessed, along with any neurological or radiculopathy conditions.

The Board has determined that new VA examinations are needed to determine the etiology of the Veteran's claimed disabilities, as the previous opinions were based on a lack of evidence in the service treatment records and did not adequately consider the Veteran's lay statements regarding his symptoms during service.

The claim for service connection for Obstructive Sleep Apnea has been reopened and granted. The rating for Lumbar Spondylolisthesis of L5-S1 prior to May 1, 2017 and in excess of 20 percent thereafter is remanded.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and evaluations.

The Board has decided to remand the Veteran's claims for hypertension and lumbosacral strain due to the need for new VA examinations to assess the current severity of his conditions.