Sleep apnea decisions — 2023

The Board has remanded the claims for service connection for sleep apnea, diabetes mellitus type II, hypertension, and a right knee disorder due to lack of current diagnoses in some cases.

The Board has found that further development is required for the claims of service connection for Obstructive Sleep Apnea and TDIU prior to May 2, 2018. The Veteran's statements regarding his sleep apnea symptoms in and since service are not considered by the remanded examination.

The Board has decided to remand the case due to a lack of compliance with previous remands, specifically regarding an addendum opinion on the nature and etiology of the Veteran's obstructive sleep apnea (OSA).

The Board has remanded the issue of whether the Veteran's obstructive sleep apnea is related to his service-connected asthma, as well as any other potential causes or exposures.

The Board has remanded the case due to a need for an updated medical opinion regarding whether the Veteran's sleep apnea is related to his toxic exposure risk activity, specifically burn pit exposure. The PACT Act requires such an opinion.

The Veteran's obstructive sleep apnea is granted as service connected due to the presumption of soundness, with aggravation during service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with degenerative arthritis and entitlement to TDIU due to inadequate VA examination reports and incomplete development.

The Veteran's claims for service connection were granted in January 2017, with the effective date set at April 11, 2014. The appeals for earlier effective dates prior to this date are denied.,All five conditions (major depressive disorder, bilateral pes planus, lumbosacral strain, cervical strain, and right ankle sprain) were granted service connection in the January 2017 rating decision.

The Veteran's claims for increased disability ratings and effective date were denied. The back disability was rated at 20 percent from February 20, 2015, but the claim is not prior to this date.

The Board denied service connection for obstructive sleep apnea and hypersomnia, finding that the Veteran's current diagnoses did not have their onset in service or were not related to his service-connected adjustment disorder.

The Board denied service connection for left ear hearing loss and obstructive sleep apnea (OSA) as the evidence did not show these conditions were incurred in or related to service.

The Veteran's claims for service connection for right knee, right hip, and lumbosacral strain have been granted. The VA has also remanded the cases to obtain updated examinations to assess current severity of his left knee and right ankle disabilities.

The Board has remanded the case due to inadequate opinion in a previous VA examination. The Veteran's low back disability is related to his service, including an accident during active duty.

The Veteran's IBS and OSA are granted as secondary to his service-connected PTSD. The ED claim is remanded for further evaluation.

The Veteran's service-connected Major Depressive Disorder was reduced from 50% to 10%, effective June 1, 2020. The Veteran's Obstructive Sleep Apnea claim is now granted.

The Veteran's service-connected low back disability, along with other conditions, rendered him unable to secure and maintain substantially gainful employment from January 13, 2017, to March 5, 2018. His TDIU claim is granted for this period.

The Veteran's service connection claim for sleep apnea is being remanded due to a duty-to-assist error in not obtaining relevant military personnel records from his active and reserve service.

The Veteran's service-connected PTSD is granted with an effective date of August 12, 2020.,A rating higher than 70 percent for PTSD is denied.

The Board has granted service connection for sleep apnea, finding that the Veteran's obesity, caused by his service-connected PTSD and bilateral knee disabilities, is a substantial factor in causing his sleep apnea. The decision resolves reasonable doubt in favor of the Veteran.

The Board has determined that there was a pre-decisional duty to assist error due to the RO not requesting a VA examination specific to sleep apnea. The claim of service connection for sleep apnea is being remanded for further action.