Sleep apnea decisions — 2023

The Veteran's application to reopen the claims for service connection for a skin condition, allergic rhinitis, obstructive sleep apnea and hypertension was granted. Service connection for a skin condition is granted. Service connection for allergic rhinitis is granted. Service connection for obstructive sleep apnea is granted. Service connection for hypertension (effective August 10, 2022) due to the PACT Act of 2022 is granted.,The issue of entitlement to service connection for hypertension prior to August 10, 2022 is remanded.

The Board has determined that the Veteran's lumbosacral strain and diabetes mellitus type II are inextricably intertwined, necessitating further examination to clarify the nature of his overlapping back symptoms and assess the etiology of his diabetes.

The Veteran's OSA is being remanded for a VA examination to determine if it began in service or is related to his service-connected psychiatric disability.

The Board has remanded the claims for bladder disability, DDD of the lumbosacral spine, left lower extremity radiculopathy, and right lower extremity sciatic nerve radiculopathy associated with DDD of the lumbosacral spine due to incomplete development. The TDIU claim is also remanded.

The Board has determined that a VA examination is needed to confirm diagnoses and determine the etiology of the Veteran's claimed lumbar spine disorder with radiculopathy of the bilateral lower extremities. The claim will be remanded for this purpose.

The Veteran's back disability was granted an increased rating to 20 percent for the period from August 14, 2017. The criteria for a higher rating were not met.

The Veteran's sleep apnea and hypertension have been granted service connection as they began during active service.

The Board has decided to remand the case due to inadequate opinions regarding whether the Veteran's obstructive sleep apnea is related to service or caused by a service-connected disability, including chronic lymphocytic leukemia.

The Veteran's right ankle disability was denied a higher rating as it did not meet the criteria for a 20% rating under the current VA rating schedule.,Service connection for obstructive sleep apnea was also denied, with the Board finding that there is no evidence of its onset during service or causation by any service-connected condition.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for a VA medical opinion regarding its onset and relationship to his service-connected hypertension.

The Veteran's sleep apnea required a breathing assistance device (such as CPAP or APAP) from September 24, 2014, to April 15, 2018. The Board found that the evidence was in equipoise regarding whether he would have needed such a device if evaluated earlier.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate medical opinions in previous decisions.

The Board has granted service connection for major depressive disorder as a progression of PTSD. The issue of service connection for sleep apnea, secondary to PTSD, is remanded.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected conditions from January 4, 2010, to June 12, 2011. The decision is based on evidence showing that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment during this period.

The Veteran's right shoulder, left shoulder, right knee, and left knee disabilities are denied as service connection is not warranted.,The Veteran's sleep apnea is denied as it is not proximately due to or aggravated by his PTSD.,The Veteran's bilateral blepharitis and early cataracts are denied as they are not etiologically related to service.

The Board has remanded the Veteran's claims for service connection due to new and material evidence having been received, as well as for additional examinations to determine the etiology of his disabilities. The claims are now pending before VA again.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his claim for TDIU is denied.

The Board has remanded the claims for service connection due to incomplete verification of the Veteran's Army Reserve duty periods and associated medical records.

The Board has remanded the claims for a headache disability, fatigue (including chronic fatigue syndrome), fibromyalgia, sleep apnea, herpes, hypertension, neuropathy of the right lower extremity, and neuropathy of the left lower extremity to obtain additional medical records and schedule VA examinations.

The Board has remanded the claim for a more thorough opinion from an appropriate clinician regarding the etiology of the Veteran's claimed OSA, specifically addressing whether it is at least as likely as not caused by his service-connected PTSD or due to obesity resulting from his PTSD.