Sleep apnea decisions — 2023

The Board has denied service connection for sleep apnea and granted service connection for sinusitis. Bilateral hearing loss remains remanded.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder (PTSD).,The Board has also remanded the claim for service connection for diabetes mellitus, type II, as secondary to service-connected PTSD.

The Board has remanded the Veteran's claims for further development due to inadequate VA medical opinions.,Specifically, the Board requested an addendum opinion on whether any GI disorder, including GERD, is related to service or exposure to herbicides.

The Board denied service connection for acquired psychiatric disorder, OSA, and headache disorder. Service connection was also denied for DM and HTN as they were not shown in service or within one year of separation.

The Board has decided to remand the cases for further development and examination due to insufficient evidence regarding whether the Veteran's OSA and Lumbar Spine Disorder are related to service or a service-connected condition.

The Veteran's GERD and OSA are being remanded for further examination to determine their etiology. His arthritis of the thoracolumbar spine, bilateral knees, ankles, and hips is also being remanded due to lack of a VA examination.

The Veteran's chest pain, recurrent right leg disability (shin splints), and recurrent left leg disability (shin splints) are remanded for further development.,The Veteran's recurrent sleep disability (sleep apnea) is also remanded for further development.

The Board has remanded the issues of service connection for sleep apnea and SMC based upon housebound status prior to January 22, 2022 due to ongoing development needs. The issue of TDIU from September 22, 2020 is now moot.

The Board has dismissed the Veteran's claims for service connection for migraine headaches and sleep apnea, as these claims were granted by the Regional Office in November 2022.

The Veteran's claim for an increased rating for obstructive sleep apnea is remanded due to the need for a new examination and the request for private treatment records.

The Veteran's service-connected conditions, including migraine headaches, right shoulder issues, cervical strain, lumbosacral strain, and left knee chondromalacia, have rendered him unable to secure or follow substantially gainful employment since February 21, 2006. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and relationship of his claimed conditions to military service.

The Board denied service connection for obstructive sleep apnea, finding that the condition did not have its onset in service and is not otherwise related to an in-service injury or disease. The Board also found that OSA was not secondary to a service-connected disability.

The Veteran's appeal is remanded for further examination and opinion regarding his right shoulder disability, bilateral foot condition, sleep apnea, anxiety disorder, and left shoulder condition. The issues of rating higher than 20 percent for the right shoulder disability, service connection for a bilateral foot disability, service connection for sleep apnea, service connection for anxiety disorder as a separate condition from PTSD, and service connection for a left shoulder condition are all remanded.

The Board has remanded the Veteran's claims for lumbosacral strain and right lower extremity neuritis due to additional VA treatment records being added to the record.

The Board has remanded the issue of service connection for sleep apnea, as it pertains to a secondary basis (to PTSD). The VA examiner is required to reconcile conflicting opinions and address whether the Veteran's symptoms during service show the onset of his condition.

The Veteran's claim for residuals of a stroke is denied as there is no evidence of a current diagnosis or in-service incurrence.,The Veteran's claim for headaches is granted as his current diagnosis is related to his service-connected anxiety disorder.

The Board denied service connection for low back and bilateral knee disabilities, finding that the evidence did not support a link to service or any presumptive exposure.

The Board has remanded the Veteran's claims for increased ratings due to inadequate medical examinations and a need for additional development.

The Board has decided that the Veteran's OSA is not service connected due to inadequate examination and remands for further evaluation.