Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for service connection due to incomplete medical opinions and missed examinations. The AOJ is required to obtain updated treatment records, provide medical opinions regarding the etiology of diabetes, OSA, right knee condition, and headaches, and reschedule the Veteran for a headache examination.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the evidence is at least evenly balanced as to whether the Veteran's OSA had its onset during service.

The Veteran's claims for service connection for acne rosacea and irritable bowel syndrome (IBS) are remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete or missing service treatment records, and for additional development of his disabilities. The issues include DDD (back pain), scoliosis, bilateral hearing loss disability, tinnitus, deviated nasal septum, traumatic brain injury, PTSD, and sleep apnea.

The Veteran's claims for service connection on the merits are remanded due to incomplete development. The Board is unable to make a fully informed decision without additional examinations and opinions.

The Veteran's appeal for a higher rating for degenerative disease with arthritis of the thoracic spine and lumbosacral strain has been dismissed due to the Veteran and his representative withdrawing their appeal.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during active service and are related to his current condition.

The Board has determined that additional development is needed to properly evaluate the Veteran's lumbosacral strain, including obtaining VA and SSA records and conducting a new examination.

The Board denied the claim of service connection for obstructive sleep apnea, finding that it did not incept during service and is not otherwise related to service.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining a substantially gainful occupation prior to April 1, 2013.

The Board has remanded the claims for service connection for a sleep disorder, low back disability, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity due to incomplete compliance with prior remand directives. The Veteran's National Guard service dates need to be verified, and his service treatment records should be obtained. An opinion is needed regarding whether any current sleep disorder(s), including sleep apnea, are related to active duty or ACDUTRA. Additionally, an opinion is required on the nature of the Veteran's peripheral neuropathy of the bilateral lower extremities.

The Board has remanded the claims for service connection for sleep apnea and a sleep disorder, to include insomnia, due to the Veteran's failure to appear for scheduled VA examinations. The RO must confirm the Veteran's address and reschedule the examination.

The Veteran's OSA is being remanded for a VA medical opinion to determine if it is caused or aggravated by his service-connected hypertension.

The Board has decided to remand the case due to insufficient exposure information, requiring a new VA examination and opinion regarding the cause of the Veteran's sleep apnea.

Service connection for adjustment disorder is granted, as the Veteran's condition is related to her service-connected PTSD.,Service connection for a sleep disorder (including sleep apnea and insomnia) is denied, as the Veteran's symptoms are attributed to her service-connected PTSD.

The Board has determined that the Veteran's character of discharge for his second period of service from October 28, 2012, through March 18, 2016, is a bar to receipt of VA benefits. However, due to potential insanity at the time of misconduct, additional development is required to determine if this discharge should be considered non-barred.

The Board denied service connection for various conditions, including bilateral tinea pedis, cervical spine condition, hypertension, headaches, hemorrhoids, OSA, sciatica of the right and left lower extremities. The Veteran's claims were remanded but not fully resolved.

The Veteran's lumbosacral strain and degenerative arthritis were previously rated at 10 percent, but the evidence does not support a higher rating prior to December 24, 2020. As of December 24, 2020, his disability was rated at 40 percent.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his condition was not incurred in or due to his time in service and is not proximately due to or aggravated by his service-connected disabilities.

The Board denied the Veteran's claims for service connection for joint and muscle pain, migraine headaches, and obstructive sleep apnea. The new evidence did not relate to an unestablished fact necessary to substantiate these claims.