Sleep apnea decisions — 2023

The Board has remanded the cases of residuals of kidney cancer, residuals of a head laceration, COPD, and OSA for further development due to outstanding service treatment records.

The Veteran's service-connected psychiatric disability and physical disabilities separately result in her requiring regular aid and attendance from another person, warranting a higher rate of special monthly compensation (SMC).

The Board dismissed the issue of TDIU from August 3, 2015 to December 3, 2015 as moot due to a previous grant. The Veteran was granted SMC under 38 U.S.C. § 1114(s) at the housebound rate for his service-connected disabilities starting February 3, 2020.

The Veteran's service connection claims for various conditions were denied as new and material evidence was not received to reopen the claims, and the current diagnoses are not related to his active duty service.

The Board has granted service connection for a low back disability and remanded the issue of service connection for obstructive sleep apnea.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis is more likely than not related to his active duty service.

The Veteran's claims for service connection for diabetes mellitus, type II and chronic kidney disease, stage II have been granted. The claim for sleep apnea is remanded.,Service connection has been established for diabetes mellitus, type II and chronic kidney disease, stage II.

The Board has decided to remand the case due to a need for further examination and development of evidence related to the Veteran's claim for service connection for obstructive sleep apnea, including consideration of asbestos exposure.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD. The VA must provide a new opinion addressing causation and aggravation.

The Board denied the Veteran's claim for service connection for a back condition, finding that his current back condition is not caused or aggravated by his service-connected bilateral pes planus with plantar fasciitis.

The Veteran's sleep apnea is granted as secondary to his service-connected depressive disorder and right hip disorder.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU. The matter of an increased rating for left hip strain is remanded.

The Board has remanded the Veteran's claims for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that additional medical opinions are needed to address the etiology of these conditions, particularly in relation to service-connected irritable bowel syndrome.

The Veteran's application to reopen his previously denied claims for hypertension, migraine headaches, joint pain of bilateral lower extremities, stomach disability, and OSA was granted.,His PTSD is rated at a 30 percent rating.

The Board dismissed the appeal of the denial for service connection of a right shoulder disability and sleep apnea condition due to the appellant's withdrawal.

The Board has decided that the service connection for sleep apnea should be remanded due to inadequate medical opinion.

The Board has remanded the Veteran's claims for additional development, including obtaining National Guard treatment records and VA medical opinions regarding his claimed disabilities. The claims are not currently decided.

The Veteran's current obstructive sleep apnea is related to his in-service symptoms, and the Board has granted service connection for this condition.

The Veteran's COPD is denied as it is not related to service, including asbestos exposure.,The Veteran's hypertension is denied as it is not secondary to PTSD or COPD.,The Veteran's diabetes is denied as it is not due to herbicide exposure and is not secondary to hypertension or COPD.,The Veteran's heart condition is denied as it is not related to service-connected conditions.,The Veteran's sleep apnea is denied as it is not related to service-connected conditions.,The Veteran's erectile dysfunction is denied as it is not related to service-connected conditions.,The Veteran's vision problems are denied as they are not related to diabetes or COPD.,The Veteran's stomach condition is denied as it is not related to diabetes or COPD.,The Veteran's nerve problems are denied as they are not related to diabetes or COPD.,The Veteran's peripheral neuropathy of the bilateral upper and lower extremities is denied as it is not related to diabetes or COPD.,The Veteran's colonic polyps are denied as they are not related to diabetes or COPD.

The Board has remanded the Veteran's claims for service connection for residuals of lead poisoning and sleep apnea due to new evidence submitted within one year. The appeal is not based on new and material evidence, but rather on the merits of the issues.