Sleep apnea decisions — 2023

The Veteran's SMC based on housebound status is denied as he does not have a single service-connected disability rated at 100% or TDIU due to a single service-connected disability.

The Veteran's service connection for a sleep disorder, including insomnia and obstructive sleep apnea, was denied as the evidence did not support direct service connection or secondary service connection due to PTSD.

The Veteran's bilateral foot, left knee, and right knee disabilities are now considered service-connected. The sleep apnea was also granted.,Service connection for the bilateral feet is established based on continuity of symptomatology since service.

The Board has determined that further development is necessary to determine the nature and etiology of any currently diagnosed obstructive sleep apnea (OSA) endured by the Veteran, including whether it is related to service or caused by a service-connected disability.

The Veteran's claims for PTSD and TBI, migraine headaches, and TDIU are being remanded due to the need for additional development of his VA treatment records. The rating assigned will be determined after reviewing all evidence received since the last prior adjudication.

The Veteran's claims for PTSD, hypertension, diabetes, and sleep apnea have been reopened due to the submission of new and material evidence.,VA is required to provide a VA examination or medical opinion regarding the nature and etiology of any psychiatric disorder other than PTSD.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's obstructive sleep apnea, which is claimed as secondary to his service-connected sinusitis. The examiner will assess whether the OSA began during service or is otherwise related to an in-service injury or disease, and if it would have developed but for his service-connected tinnitus or sinusitis.

The Veteran's sleep apnea was not incurred in or aggravated by service, and the current disability is not related to an in-service event, injury, or disease.,The Veteran does not have a hearing loss disability for VA purposes based on his June 2017 audiometry results.,The Veteran's migraines with dizzy spells are not related to service. The examiner found no evidence of migraine symptoms during service and noted that the Veteran's symptoms were more consistent with allergies.,The Veteran's chip fracture of the right fifth mid phalanx is currently rated at 10 percent, but a higher rating is denied as there is no evidence of severe foot injury or actual loss of use of the foot.

The Veteran's psychiatric disability is rated at a 70 percent rating, effective from October 8, 2012. A TDIU rating is granted.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected tremors, with obesity serving as an intermediate step.

The Board denied service connection for various conditions, including peripheral neuropathy of the upper and lower extremities, a bilateral ankle condition, a back condition (including sciatica and low back pain), obstructive sleep apnea, and bilateral cataracts secondary to diabetes mellitus.,Service connection was not granted for any of these conditions.

The Veteran's thoracolumbar spondylosis with lumbosacral strain and IVDS symptoms were rated at 20 percent prior to February 24, 2022. From February 24, 2022, the rating was increased to 40 percent.

The Veteran's lumbosacral strain is being remanded for a more contemporaneous examination to determine the current severity of her disability. Her TDIU claim is also being remanded due to its interrelated nature with the increased rating claim.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing whether the Veteran's obesity, resulting from his service-connected ankle and knee disabilities, caused or aggravated his sleep apnea, type II diabetes, and erectile dysfunction.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his disability was not incurred in or related to military service and is not secondary to a service-connected condition.

The Board has remanded the Veteran's claims for service connection for OSA as secondary to PTSD and for a TDIU prior to April 5, 2022 due to insufficient medical opinions. The case will be returned for further development.

The Veteran's claims for hypertension, right foot sprain, sleep apnea, erectile dysfunction, and right knee condition other than gout are being remanded due to the need for additional examinations and development of records.

The Veteran's service connection claim for degenerative disc disease of the lumbosacral spine is granted as it is secondary to a fall during active duty. The claims for left ear hearing loss, chronic headaches, chronic sinusitis, irritable bowel syndrome (IBS), dysentery, left elbow disability, middle back disability, left hip disability, right hip disability, left foot disability, and right foot disability are denied.

The Board has remanded the case due to inadequate VA opinions regarding the nature and etiology of the Veteran's sleep apnea, specifically addressing whether it is at least as likely as not caused or aggravated by his service-connected PTSD.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is directly related to service or caused by his service-connected PTSD.