Sleep apnea decisions — 2023

The Board has decided to remand the case due to an inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The claim will be reconsidered with a new addendum medical opinion.

The Board has remanded the claims for service connection for various conditions, including PTSD, MDD, depression, anxiety, memory problems, TBI residuals, insomnia, gastrointestinal disorder, sinus condition, CFS, loss of smell, morning stiffness and weakness, bilateral eye condition, OSA, and right shoulder disability. The AOJ is instructed to continue developing the claims by obtaining additional VA and private treatment records.

The Veteran's appeals for service connection were dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are now deceased.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective January 15, 2019. Prior to this date, his service-connected disabilities did not render him unemployable.

The Board has determined that there has not been substantial compliance with its remand directives, necessitating the need of another remand for further evaluation of the Veteran's sleep apnea and TDIU claims.

The Veteran's claims for PTSD and obstructive sleep apnea have been reopened, but service connection is granted only for an acquired psychiatric disorder other than PTSD.,Service connection has also been granted for the right ankle condition. However, service connection remains pending for the low back condition.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,New evidence has been submitted to reopen the service connection claim for obstructive sleep apnea, but further review is needed before a decision can be made.,The Veteran's service connection claim for hypertension remains pending and requires additional development.,The Veteran's service connection claim for gastroesophageal reflux disease (GERD) remains pending and requires additional development.,The Veteran's service connection claim for a neck disability remains pending and requires additional development.,The Veteran's service connection claim for traumatic brain injury (TBI) remains pending and requires additional development.

The Veteran's claim of service connection for a traumatic brain injury (TBI) was denied due to the lack of current diagnosis and no evidence linking his symptoms to active duty. The claim for TDIU was also denied as the Veteran's service-connected disabilities did not render him unemployable.

The Board has remanded the claims for service connection for a sleep disorder caused by psychiatric disabilities and obstructive sleep apnea due to missing scheduled VA examinations. The Veteran is advised to provide lay statements from himself and others who have first-hand knowledge of his in-service and post-service sleeping problems.

The Board has decided to remand the cases for further examination and opinion regarding service connection for obstructive sleep apnea (OSA) and hepatitis, including hepatitis A.

The Veteran's service-connected disabilities, including major depressive disorder and obstructive sleep apnea, render him unable to secure or follow a substantially gainful occupation.

The Veteran is granted an initial 10 percent rating for sinusitis prior to September 12, 2019. However, a higher rating is denied.,For the entire period on appeal, the Veteran's sinusitis does not meet the criteria for a rating in excess of 10 percent.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is in equipoise regarding its onset during active duty.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not originate in service or until years after separation and was not caused or aggravated by a service-connected disability.

The Board has remanded the claims for lumbar strain, respiratory condition, menstrual symptoms, and sleep disorder (OSA) due to additional development being necessary.

The Board has remanded the cases of cervical DDD and degenerative arthritis, as well as OSA, for further development to determine their etiology.

The Veteran's appeal includes multiple issues related to his service-connected Multiple Sclerosis (MS) and an acquired psychiatric disorder. The Board has remanded these matters for further development, including new VA examinations and medical opinions.

The Board has denied service connection for obstructive sleep apnea, finding that it is not related to the Veteran's active duty service or his service-connected tinnitus.

The Board has remanded the Veteran's claims for COPD and obstructive sleep apnea, both of which are secondary to his service-connected pulmonary sarcoidosis. The VA examinations did not address whether the conditions were aggravated by the service-connected condition.

The Board has granted service connection for Obstructive Sleep Apnea and denied the reduction of the Veteran's asthma rating from 50 to 20 percent, effective December 1, 2009.