Sleep apnea decisions — 2023

The Veteran withdrew his appeals for the claims of entitlement to a disability rating in excess of 50 percent for obstructive sleep apnea, an earlier effective date for service connection, and an earlier effective date for Dependents' Educational Assistance.

The Board dismissed the appeal for service connection for COPD as it had already been granted. The Veteran was granted entitlement to TDIU due to his service-connected disabilities.

The Board denied the claim for service connection for cause of death due to high grade retroperitoneal liposarcoma, diabetes mellitus, and hypertension. The evidence did not support a finding of herbicide exposure or toxic chemical exposure during service, nor was there any credible evidence linking these conditions to service.

The Veteran's tinnitus had its onset during service and has continued to the present, warranting service connection.,There is no current evidence of right ear hearing loss meeting VA criteria for a disability. The Veteran's hearing was tested in September 2015, which did not meet the criteria for a hearing loss disability as defined by VA regulations.,The Veteran has not presented evidence of a current diagnosis of epididymitis during the period on appeal. His service treatment records indicate several instances of treatment for epididymitis and testicular pain during service, but his separation examination in March 1999 indicated a clinically normal genitourinary system.,The Veteran's testimony regarding migraine headaches was not examined or addressed in this decision.,The Veteran's testimony regarding obstructive sleep apnea was not examined or addressed in this decision.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to a lack of a VA examination and because the PACT Act requires an examination related to toxic exposure risk activities during service.

The Veteran's bilateral hip strain and knee strain are related to service, but the issue of acquired psychiatric disorder (to include sleep apnea) is remanded for further development.,Additional evidence is needed to determine if the Veteran has a current diagnosis of PTSD or GAD, and whether his acquired psychiatric disorder is related to service.

Your service connection claims for low back disorder and sleep apnea have been granted, with a rating of 50% for sleep apnea effective April 7, 2021. The appeal is dismissed as there are no remaining issues to be decided.

The Veteran's tinnitus was granted service connection. The issues of service connection for an acquired psychiatric disorder, sleep apnea, and hearing loss are remanded due to unresolved medical and procedural matters.

The Board has remanded the Veteran's claims for sleep apnea, left foot disability and right foot disability, bilateral knee strain (left and right), and right hip disability due to additional development being necessary.

The Board has remanded the case due to inadequate opinions regarding secondary service connection for a sleep disorder. The Veteran's attorney argued that his service-connected disabilities caused or aggravated his obesity, which in turn caused or aggravated his sleep disorder. However, VA examiners found no evidence of such causation and are requesting an independent medical expert (IME) opinion.

The Veteran's back disability is denied as there is no evidence of a current disability related to service.,Service connection for dysarthria (speech difficulty) granted as it is proximately due to his service-connected TBI.

The Veteran's claim for a higher rating for obstructive sleep apnea was denied, while his claim for TDIU was granted.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not show functional loss equivalent to flexion limited to 30 degrees or less in either knee, nor did it show a current diagnosis of upper airway resistance syndrome, mucosal neoplasm of oral cavity, or gynecological condition for VA compensation purposes.,The Veteran's claims for service connection for CTS were also denied. The Board found that the evidence did not show any current symptoms or functional impairment related to these conditions.

The Board has remanded the case for issuance of an SOC regarding earlier effective date and increased rating for obstructive sleep apnea. The Veteran's service connection is established, but not all issues have been resolved.

The Veteran's lower back disorder and related radiculopathy have been granted a 20% disability rating, effective July 24, 2014. The TDIU was also granted as of January 5, 2022.

The Board has remanded the claims for sleep apnea, erectile dysfunction (as secondary to toxic exposure), PTSD with major depressive disorder, and TDIU due to new evidence received since the last Statement of the Case.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened due to the submission of new and material evidence. The case is remanded for a VA medical opinion regarding the relationship between the Veteran's sleep apnea and his military service, as well as any secondary or aggravation claims.

The Board denied the Veteran's claim for TDIU prior to September 30, 2020, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Board has decided to remand the case due to incomplete medical opinions and additional development is required. The Veteran's death certificate noted liver cancer as the cause of death, but service connection for liver cancer was not established in a previous decision.

The Board has determined that the Veteran's hypertension and sleep apnea are not service-connected, but has found that his left knee condition may be secondary to his right knee disability. The case is being remanded for further development.