Sleep apnea decisions — 2023

The Board has remanded the claims for diabetes mellitus, sleep apnea, bilateral eye disorder, and right hand condition secondary to diabetes due to new contentions and need for additional development.

The Veteran's death was caused by a type of brain cancer that is presumed to be linked to his military service in Southwest Asia, specifically exposure to burn pits. As such, the claim for DIC benefits based on cause of death due to service-connected disability is granted.

The Board has decided to remand the case due to insufficient medical opinion regarding whether PTSD caused or aggravated OSA. The Veteran's arguments and submitted articles will be considered in the new evaluation.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms were present during service and are likely due to obesity and airway obstruction.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current disability did not originate during service and is not otherwise related to service or a service-connected condition.

The Veteran's claim for a compensable rating for service-connected residuals of coccidioidomycosis has been denied.,The Veteran's claim for a compensable rating for service-connected scarring due to right latissimus dorsi fibrosarcoma is pending and will be remanded.

The Board has determined that the Veteran does not have a current diagnosis of an acquired psychiatric disorder and therefore denied service connection for this condition. The issues of service connection for obstructive sleep apnea, hypertension, and erectile dysfunction are remanded.

The Veteran's service-connected obstructive sleep apnea is granted. Increased evaluations for right and left Achilles tendonitis with calcaneal spurs are denied, but the case is remanded for further evaluation of these conditions. Service connection for plantar fasciitis of both feet is also remanded.

The Veteran's left ear hearing loss is granted service connection, while right ear hearing loss and sleep apnea are denied. The initial rating for a psychiatric disorder remains at 30% from February 17, 2012 to January 12, 2018.

The Board has granted service connection for a neurological disability, an acquired psychiatric disability, a digestive disability, and sleep apnea with insomnia. The diagnoses include solvent intoxication, toxic encephalopathy/chronic solvent encephalopathy, multiple chemical sensitivity/intolerance, and other related conditions.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's condition did not originate in service or until years thereafter and was not otherwise etiologically related to service. The Board also found no evidence of a causal relationship between the Veteran's service-connected acquired psychiatric disability and his obstructive sleep apnea.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD. The Veteran's bilateral eye disability is denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is aggravated by his service-connected depressive disorder.

The Board has remanded the Veteran's claims for service connection due to the inability to provide him with VA examinations in Europe. The issues include eye disorders, chronic tiredness, ankle and elbow disorders, facial twitching, neck disorder, knee instability and pain/clicking related to his major depressive disorder.

The Veteran's migraine and tension headaches are rated at 50% prior to February 27, 2020, and a higher rating is not warranted.,Since February 27, 2020, the Veteran's lumbosacral strain with degenerative arthritis and intervertebral disc syndrome warrants a 40% rating.

The Veteran's hepatitis C and hair loss claims are remanded due to inadequate medical opinions.,The Veteran's OSA claim is remanded as the examiner failed to consider her prior sleep disturbances.,The Veteran's hypertension claim is remanded because the examiner did not provide a rationale for denying secondary service connection.,The Veteran's gastrointestinal disorder claim is remanded due to insufficient consideration of medical literature cited by the Veteran’s representative.,The Veteran's hearing loss and tinnitus claims are remanded as the examination results were inconsistent and the examiner failed to address relevant medical literature.,The Veteran's dizziness claim is remanded because the examiner did not consider whether her dizziness was a symptom of her service-connected headache disability or a separate disorder.,The Veteran's cervical spine, left hand, bilateral shoulder, hip, knee, and foot disabilities claims are all remanded due to inadequate examination reports that failed to address relevant medical literature and symptoms.

The Veteran's depressive disorder is granted as it was aggravated by his service-connected disabilities. Other issues are pending further development and evidence submission.

The Board has denied service connection for a psychiatric disability, including depression and PTSD, as well as sleep apnea. The evidence does not support the Veteran's claims that these conditions are related to his military service.

The Veteran's service connection claim for obstructive sleep apnea is granted. The Board found that the evidence was at least evenly balanced as to whether the Veteran's current disability had its onset in service.,For his patellofemoral syndrome of the left knee, the Veteran's increased rating claim is denied. The VA examiner opined that the condition did not have its onset during service and there was no chronicity after service.,The Veteran's right knee patellofemoral syndrome is rated at 10 percent under Diagnostic Code 5260 for limitation of motion, as flexion limited to 30 degrees. The claim for TDIU remains denied.

The Board has determined that the Veteran's thoracolumbar spine disability and obstructive sleep apnea were not incurred in service, and thus denied these claims. The case is being remanded for further development.