Sleep apnea decisions — 2023

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) was incurred during service, and thus grants entitlement to service connection for OSA.

The Board has remanded the Veteran's claims for genitourinary disorder and sleep apnea due to missing records, including LOD determinations and military personnel files. The Veteran is seeking service connection for these conditions.

The Board denied service connection for OSA, finding that the evidence does not support a finding that it began during active service or is related to service-connected PTSD.

The Veteran's obstructive sleep apnea was remanded for further examination and opinion due to in-service symptoms, presumed exposure under the PACT Act, and a need for a VA examination.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a direct in-service injury or illness causing the condition and that it is not otherwise related to his service-connected disabilities. The Board also found that the Veteran's obesity did not cause or aggravate his sleep apnea.

The Veteran's sleep apnea, gastrointestinal disability, dry eye disability, right ear infection, and neck disability were not found to be related to service or any in-service injury or disease.,Service connection was denied for all claimed conditions.

The Board has decided to remand the Veteran's claims for additional development and consideration, including obtaining private treatment records and providing an opinion regarding whether his pulmonary hypertension and sleep apnea are proximately due or aggravated by service-connected hypertension.

The Veteran's hearing loss, pinguecula (eyes burning), sleep apnea, hypertension, left shoulder disability, allergies, shin splints, knee pain, and neck disability are all remanded for further examination and opinion. The PACT Act is not applicable to these claims.

The Board has decided to remand the Veteran's claims for left shoulder disability and sleep apnea due to insufficient evidence regarding their etiology. The case will be returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's appeal is remanded for further development regarding service connection claims for psychiatric disorders, irritable bowel syndrome, gastrointestinal disability, and obstructive sleep apnea.,Service connection will be considered based on the presumption of exposure to toxic substances during military service.

The Veteran's TDIU claim is denied as he has not been precluded from obtaining or retaining substantially gainful employment solely due to his service-connected disabilities.

The Board has remanded the claims of service connection for a respiratory disability and sleep apnea due to inadequate medical opinions in previous VA examinations.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected lumbar spine and psychiatric disabilities, finding that there is no evidence supporting a causal link between these conditions.

The Veteran's TDIU claim is dismissed as moot because the award of a TDIU would not assist in attaining SMC at the housebound rate, which has already been granted.

A 30 percent rating for asthma is granted, separate from a rating for service-connected obstructive sleep apnea (OSA). The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed.

The Veteran's appeal for a higher rating for bilateral hearing loss was denied. The appeal to restore the 40 percent rating for lumbosacral strain was granted, and the rating is restored effective February 1, 2019.

The Board has remanded the claims for service connection for obstructive sleep apnea and its secondary relationship to PTSD/TBI, as well as whether it is aggravated by TBI. The Veteran's claim will be further evaluated with additional medical opinions.

The Board has remanded the claims for service connection for sleep apnea, an acquired psychiatric disorder (including PTSD), and TDIU due to inextricably intertwined issues. The Veteran's claim for service connection is being examined further.

The Veteran's claims for service connection have been granted for sinusitis, diabetes mellitus, hypertension, and obstructive sleep apnea. The claim for service connection for PTSD has also been granted. However, the claim for service connection for deviated septum was previously established in an August 2019 rating decision and is therefore dismissed.

The Board has dismissed the Veteran's claims for service connection and increased ratings, as well as earlier effective dates, due to prior decisions in a previous appeal.