Sleep apnea decisions — 2023

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that the evidence did not show he was completely unemployable.

The Board denied the Veteran's claims for service connection for sleep apnea, aerophagia, and diabetes mellitus due to a lack of evidence showing a relationship between these conditions and either service or a service-connected disability.

The Veteran withdrew his appeal for service connection for sleep apnea in the legacy system, and the Board dismissed it.

The Board has decided to remand the cases for further development and consideration. Specifically, a new VA examination is needed for bilateral hearing loss, research must be conducted regarding potential asbestos exposure during service, and an addendum opinion on the relationship between tinnitus and obstructive sleep apnea needs to be provided.

The Veteran's obstructive sleep apnea was found to have its onset during service, and the Board granted service connection for this condition.

The Veteran's service-connected PTSD prevents him from securing and following substantially gainful employment, meeting the criteria for a TDIU. Additionally, his additional service-connected disabilities meet the requirements for SMC under 38 U.S.C. § 1114(s)(1).

The Board has granted service connection for sleep apnea and a left shoulder condition, finding that the Veteran's symptoms began in service and are related to his military service.

The Board has remanded the claims for left hand nerve damage, acquired psychiatric disorder (including PTSD), sleep apnea, and acid reflux due to additional development being necessary.

The Board has decided that the Veteran's sleep apnea is service-connected due to aggravation by his service-connected asthma. However, the issue of an increased rating for asthma remains pending and requires further development.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his February 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The issues will be readjudicated, and if adverse to the Veteran, he will be given an opportunity to perfect his appeal by filing a VA Form 9.

The Veteran's claim for service connection for lumbosacral strain (claimed as any back condition) has been granted.,The Board has remanded the issue of service connection for mild lumbar spine degenerative changes, mild thoracic spine degenerative changes, and L5-S1 and L4-S5 disc herniation.

The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance of another person throughout the period on appeal, warranting SMC based on the need for aid and attendance.

The Board has granted service connection for sleep apnea, finding that it is proximately due to the Veteran's service-connected PTSD and barosinusitis.

The Board has decided that the Veteran's sleep apnea is related to his service-connected tinnitus and has ordered a new examination to determine this relationship.

The Veteran's claims for service connection have been remanded due to the need for further development and evaluation. The issues include gastroesophageal reflux disease, syncope, diabetes mellitus type II, left upper extremity neuropathy, right upper extremity neuropathy, sleep apnea, lumbar disability, and a right foot disability (other than pes planus).

The Board has remanded the claims due to a Francway challenge against the June 2022 VA examiner's competency. The Regional Office must obtain and provide the requested information about the examiner's qualifications.

The Board has decided to remand the case due to inadequate examination for service connection of obstructive sleep apnea. The Veteran's claim will be reviewed again with a new medical opinion.

The Board has remanded the claims for service connection for DJD of the right and left knees due to insufficient evidence regarding whether these conditions are secondary to the Veteran's service-connected pes planus.

The Board has denied service connection for respiratory disorders, to include COPD and asthma, as well as obstructive sleep apnea. The case is remanded for further development regarding the etiology of these conditions.

The Board granted service connection for a low back disorder incurred during active duty, but denied claims for sleep apnea and foot disorders. The appeal is remanded for further development regarding the foot disorder.