Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues with scheduling VA examinations in Iwakuni City, Japan. The Veteran was not properly notified of examination arrangements.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation, and the Board denied his claim for TDIU.

The Veteran's appeal for an initial compensable rating for scar, status post spinal fusion, was dismissed. The claim of residuals of head trauma (claimed as dental trauma) has been reopened and is currently under consideration. Service connection for diabetes mellitus, type 2, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (recurrent aspiration pneumonia), cardiac disorder (atherosclerosis), acquired psychiatric disorder, residuals of head trauma, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (tendinitis), bilateral plantar fasciitis, and bilateral pes planus have been remanded for further review.

The Board has decided to remand the cases for additional steps, including obtaining missing service personnel records and VA treatment records. The Veteran's claims for sleep apnea, left shoulder disability, and lumbar spine disability are being reviewed again.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and whether his service-connected anxiety disorder with major depressive disorder caused or aggravated it.

The Board has remanded the cases due to incomplete service records and a need for further investigation into the Veteran's claims.

The Board has denied service connection for Sleep Apnea (OSA) and Diabetes Mellitus, finding that there is no evidence of these conditions in service or a link to service. The Veteran's claims are based on presumptive service connection but the evidence does not support this claim.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment since 2004, and a TDIU rating is granted effective January 18, 2007.

The Board dismissed the appeal because the RO had already granted service connection for obstructive sleep apnea in a previous rating decision, which means there is no longer an issue to address.

Your service connection for obstructive sleep apnea has been granted, making this issue moot.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder condition and obstructive sleep apnea require additional development due to a lack of VA examination.

The Board has remanded the issues of increased ratings for right knee degenerative joint disease, bilateral hearing loss, and service connection for PTSD and sleep apnea. The Veteran's claim for an increased rating in excess of 10 percent for his right knee degenerative joint disease is denied. His claims for increased ratings for bilateral hearing loss are remanded as the evidence does not meet the criteria for a compensable evaluation prior to March 29, 2021, and a 30 percent evaluation thereafter under DC 6100. The Board has granted service connection for PTSD and sleep apnea.

The Board has determined that the VA examinations related to the Veteran's claims for obstructive sleep apnea, gastroesophageal reflux disease (GERD), and acquired psychiatric disability are inadequate. The Board has instructed on remand that new VA examinations must be conducted with strict adherence to the provided instructions.

The Board has remanded the claims for service connection for diabetes mellitus, type II and sleep apnea due to incomplete development.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD and/or related to herbicide exposure. The VA must obtain additional military personnel records, determine if herbicide exposure occurred, and provide a new VA examination.

The Board has determined that the Veteran's obstructive sleep apnea may be related to his service-connected disabilities, but further development is needed to determine if these conditions caused or aggravated the sleep apnea.

The Board has denied service connection for various conditions, including left foot pain, back disability, hearing loss, bilateral plantar fasciitis, and neurobehavioral effects related to chemical exposure. The claims for insomnia, obstructive sleep apnea, migraines, right knee condition, left knee condition, PTSD, acquired psychiatric disorder, and alcohol abuse are remanded due to the need for further examination and evidence collection.

The Veteran's claim for service connection for TB residuals was denied. The Board found no evidence of active TB or TB related symptomatology during the pendency of the appeal. For TDIU, the Veteran met the criteria under 38 C.F.R. � 4.16(a) as he had two or more disabilities with at least one rated at 40 percent or more and sufficient additional disability to bring the combined rating to at least 70 percent. The Veteran is already in receipt of SMC benefits, thus TDIU was not granted.

The Board has granted the Veteran's claim of service connection for a cervical spine disability as secondary to his service-connected low back disability. The claims for PTSD and sleep apnea are remanded due to procedural deficiencies.

The Board has granted service connection for a thoracolumbar spine disability and remanded the issues of entitlement to service connection for obstructive sleep apnea (OSA) secondary to PTSD.