Sleep apnea decisions — 2023

The Board denied the Veteran's claims for service connection for ventricular fibrillation requiring a pacemaker and sleep apnea secondary to heart condition with pacemaker. The decision found that new and material evidence had not been presented, and there was no causal relationship between the conditions and service.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lumbar spine degenerative arthritis, type II diabetes mellitus, hypertension, and obstructive sleep apnea. The claims are being remanded for further examination and opinion.

The Board has granted service connection for sleep apnea and gastroesophageal reflux disease (GERD) as both conditions are found to have begun during active duty.

The Veteran's appeal for a higher disability rating for his back disability was denied. The current rating of 20 percent is the highest allowed under VA guidelines.

The Board has remanded the claims for service connection for obstructive sleep apnea and headaches to obtain addendum VA medical opinions due to inadequate previous opinions.

The Board has granted a total disability rating based on individual employability due to service-connected disabilities effective June 30, 2020. The combined effects of the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful employment.

The Veteran's claims for service connection for headaches, sleep apnea, anemia, Parkinson's disease, and neurocognitive disorder have been denied. The evidence does not support a finding of current disabilities or a relationship to service.,There is no evidence of any headache disability during the pendency of the claim or approximate thereto. Sleep apnea was not present in service or within one year after separation from service. Anemia, Parkinson's disease, and neurocognitive disorder did not manifest within one year after separation from service.

The Board has granted service connection for obstructive sleep apnea (OSA) secondary to posttraumatic stress disorder (PTSD), but denied service connection for irritable bowel syndrome (IBS) secondary to PTSD.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected back disability and right lower extremity sciatic neuropathy.

The Board has decided to remand the claims for asthma and sleep disorder due to errors in obtaining the Veteran's complete service records, including STRs. The VA will need to obtain these records and provide a comprehensive examination to address the etiology of the claimed conditions.

The Veteran's lumbosacral strain with intervertebral disc syndrome (claimed as low back condition) is rated at 20 percent prior to February 28, 2018, and remains at 20 percent during the period on appeal.,Radiculopathy of the left leg and right leg are each rated at 20 percent prior to February 28, 2018, and remain at 20 percent during the period on appeal.

The Veteran's appeal for service connection for sleep apnea has been dismissed because the representative withdrew the appeal before a decision was made.

The Veteran's claim for PTSD was denied in April 2004, and the effective date of service connection is being denied prior to April 29, 2014.,Claims for various foot conditions, ankle conditions, wrist condition, low back condition, knee conditions, hip condition, bronchitis, sleep apnea, hypertension, and headaches were all denied.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder with generalized anxiety disorder. The claim for left foot cellulitis remains pending and will be remanded.

The Board has decided to remand the case due to inadequate VA medical opinions and a duty to assist error. The Veteran's claim for service connection for sleep apnea as secondary to PTSD or headaches is being returned for further review.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment. The Board denied the TDIU claim as his combined disability rating was at least 70%.

The Veteran's appeal has been withdrawn by his authorized representative, and all claims have been dismissed.

The Veteran's claim for service connection for hypertension was reopened and granted due to presumed exposure to an herbicide agent in Vietnam.,Service connection was also granted for right ear hearing loss based on in-service acoustic trauma.

The Board has dismissed the claim for service connection for a heart disability and remanded the issues of secondary service connection for sleep apnea and TDIU prior to September 21, 2011. The case is being returned to the AOJ for further action.

The Board has determined that the VA remand instructions were not fully complied with, and thus, a new addendum opinion is needed to address secondary service connection for lumbosacral strain.