Sleep apnea decisions — 2023

The Veteran's lumbar spine disability was granted an increased evaluation to 40 percent effective March 1, 2017. The Board found that the increase in disability level occurred prior to November 30, 2016 and within one year of the claim date.

The Board has determined that the Veteran's lumbosacral strain is related to an in-service injury, granting service connection for this condition.

The Veteran's appeal for a higher rating for degenerative osteophytes of the lumbosacral spine and initial rating for osteoarthritis of the right hip is being remanded due to new evidence from a recent hip replacement.

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

The Board has denied service connection for Restless Legs Syndrome and Sleep Apnea, finding that the Veteran does not have these conditions or they are not related to his service-connected bilateral lower extremity peripheral neuropathy.

The Veteran's asthma and OSA have been granted service connection. Diabetes, CHF, high blood pressure, stroke, erectile dysfunction, and an acquired psychiatric disorder including depression and anxiety are also granted.,Service connection for diabetes type II (diabetes), congestive heart failure (CHF), high blood pressure, and stroke is granted.

The Board has denied the Veteran's claim for service connection for sleep apnea as there is no evidence of current disability.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected anxiety disorder.

The Board has vacated the August 2022 decision and remanded three issues: service connection for a bilateral shoulder disability, service connection for a lumbosacral spine condition, and entitlement to TDIU. The remaining issue of service connection for a prostate condition was granted.

The Veteran's increased evaluation for his back disability is denied, and he is granted a 40 percent rating each for right and left lower extremity radiculopathy. The Board also found that the criteria for TDIU were not met.

The Board has remanded the Veteran's claims for further development due to a lack of adequate reasoning and bases regarding the theory of service connection based on in-service vaccinations. The VA is required to obtain opinions from an appropriate examiner regarding the etiology of his COPD, sleep apnea, gall bladder removal, inguinal hernia, knee disabilities, shoulder disabilities, and tinnitus.

The Veteran's hypertension was granted service connection, but the effective date is denied.,Service connection for an acquired psychiatric disorder (adjustment disorder with anxiety and depressed mood) is remanded due to conflicting opinions regarding its onset.

The Board has remanded the Veteran's claim for a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) prior to April 11, 2014. The case is referred to the Director of Compensation Service for extraschedular consideration.

The Board has determined that the issues of service connection for tinnitus, sleep apnea, and an evaluation in excess of 10 percent for vasomotor rhinitis need to be remanded due to incomplete or insufficient evidence.

The Board has remanded the case for a VA examination and medical opinion to determine the etiology of the Veteran's obstructive sleep apnea, as well as whether his current sleep apnea is related to his conceded participation in toxic exposure risk activities (TERAs) during active service. The PACT Act requires this examination and opinion.

The Veteran's vertigo is being remanded for a VA medical opinion to determine if it is related to his service-connected Crohn's disease or toxic exposure risk activities.,The Veteran's obstructive sleep apnea is being remanded for a VA medical opinion to determine if it is related to his service-connected Crohn's disease or toxic exposure risk activities.,The Veteran's insomnia is being remanded for a VA examination to determine the current severity of his condition and whether it is related to his service-connected Crohn's disease with fatigue and GERD.,The Veteran's migraines are being remanded for a retrospective medical opinion considering the severity of his migraines without medication since he filed his claim in July 2014.,The Veteran's Crohn's disease with secondary fatigue and gastroesophageal reflux disease (GERD) is being remanded for new VA examinations to determine the current severity of his condition.,The Veteran's pruritic papular eruptions are being remanded for a new VA examination to determine the current severity of his condition.

The Board has determined that the Veteran's sleep apnea had its onset during his active military service and is related to his service, granting the claim for service connection.

The Board has dismissed the Veteran's claims for service connection for headaches, bilateral hearing loss, tinnitus, a back disability, and sleep apnea as these conditions were previously granted in an August 2018 rating decision.

The Board has remanded the cases for further development and consideration due to insufficient medical opinions regarding whether the Veteran's OSA, inguinal hernia disability, and TBI are related to service or a service-connected condition.

The Board has decided to remand the case due to the need for a new VA examination to address whether the Veteran's service-connected back disability or ankle disability led to obesity, which in turn caused his obstructive sleep apnea.