Sleep apnea decisions — 2023

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during active service and resolving all reasonable doubt in his favor.

The Board has remanded several issues related to the Veteran's service connection claims, including those for generalized anxiety disorder, hemorrhoids, residuals of a head injury, migraines, right wrist disability, left wrist disability, left hand disability, PTSD, sleep apnea, jaw disability, and chest pain. The remaining issues have been dismissed.

The Board has remanded the Veteran's cases due to a lack of VA examination for lumbosacral strain and right knee strain, which were previously denied increased ratings. The Veteran was not provided with an appropriate VA examination as scheduled.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected schizophrenia, specifically considering obesity as an intermediate step.

The Board has determined that the Veteran's joint pain and sleep disorders are not related to his active service, but has found additional development is needed for the sleep disorder claim.

The Veteran's service connection claims for obstructive sleep apnea and a cardiac disorder (idiopathic hypertrophic subaortic stenosis) have been granted. The Board found that the Veteran's current conditions are related to his military service, with OSA being aggravated during active duty and the cardiac disorder having undergone natural progression.

The Board denied service connection for obstructive sleep apnea, cervical spine disability, and lumbar spine disability due to a lack of evidence linking these conditions to the Veteran's active military service.

The Board denied service connection for Obstructive Sleep Apnea, concluding that the Veteran's sleep apnea did not have its onset in service or within one year of separation from service and is not otherwise related to service.

The Veteran's initial compensable rating for chronic sinusitis prior to December 8, 2020, and a rating in excess of 30 percent thereafter is denied. Service connection for obstructive sleep apnea is also denied.

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Veteran's tinnitus is granted as service connected. The cervical spine, lumbar spine, right hip, left hip, and kidney disabilities are remanded for further development.

The Board has remanded the Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine, right hip strain, and radiculopathies. The Veteran needs to be provided with a VA examination to assess the current severity of these conditions.

The Veteran's claims for higher initial disability ratings are being remanded due to the need to obtain outstanding TRICARE records.

The Board has remanded the claims for service connection for sleep apnea, asthma, and an esophageal disorder due to inadequate medical opinions regarding their etiology. The VA examiner's opinions did not address the specific environmental toxins present at Fort McClellan during the Veteran's service.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current disability is related to his active military service. The evidence shows a diagnosis of lumbosacral strain in March 2020 and credible reports of back symptoms during service and since separation.

The Veteran's claim for service connection for tinnitus was granted. Service connection was also established for major depressive disorder, persistent depressive disorder, and trauma-related disorder. The Veteran's back disability is now rated at 40 percent from January 24, 2022.

The Veteran's claims for service connection for sleep apnea and a skin disorder (claimed as swelling, rash, inflammation, and allergies) are being remanded due to the need for additional development.,For his sleep apnea claim, the VA is required to obtain medical opinions regarding whether it is at least as likely as not related to exposure to environmental hazards during service in the Persian Gulf War.

The Board has determined that the VA medical opinions obtained on remand are inadequate and did not comply with the October 2022 Board remand directives. The claims for service connection must be remanded again due to the need for additional examinations.

The Veteran's obstructive sleep apnea is found to be related to his active service, and the claim for service connection is granted.

The Board has decided to remand the case for further development and opinion regarding the Veteran's claim of service connection for sleep apnea, including consideration of exposure during the Gulf War.