Sleep apnea decisions — 2023

The Board has remanded all service connection claims due to the submission of additional VA treatment records and examinations. The Veteran's claims for various conditions are being reviewed again.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board denied entitlement to a TDIU.

The Board has determined that the Veteran's service-connected disabilities, particularly his PTSD, led to obesity and this in turn caused or aggravated his obstructive sleep apnea. As a result, the claim for secondary service connection is granted.

The Veteran's claim of service connection for sleep apnea was reopened due to the submission of new and material evidence. The issue of service connection for obstructive sleep apnea (OSA) is remanded for a VA examination.

The Board has granted an earlier effective date of March 1, 2011 for service connection of obstructive sleep apnea due to the Veteran's failure to timely perfect his appeal after receiving a statement of the case in April 2014.

The Veteran's appeal is remanded for further development regarding service connection for gastrointestinal disabilities and diabetes mellitus. The rating for obstructive sleep apnea remains denied.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance due to his service-connected disabilities, finding that they do not make him unable to perform daily functions or require regular assistance.

The Board has determined that the development conducted does not comply with the February 2020 Board remand and thus, the case is being returned to the RO for further action.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected TBI. The claim will be reviewed again with new medical opinions.

The Board has decided the case is not ready for final decision and has ordered a remand to obtain additional medical opinions regarding the Veteran's back condition.

The Veteran withdrew his claim for service connection for obstructive sleep apnea (OSA) disability, and the appeal is dismissed.

The Board dismissed all 34 issues on appeal due to the Veteran's withdrawal of his claims, except for the service connection for irritable bowel syndrome which was not appealed.

The Board has granted service connection for obstructive sleep apnea and migraine headaches, finding that the evidence supports these claims. The Veteran's symptoms were observed during service and are linked to his active-duty service.

The Board has decided to remand the case due to inadequate medical opinions and a need for new examination. The Veteran's obstructive sleep apnea is being reviewed again with consideration of his service in the Southwest Asia theater.

The Veteran was granted a TDIU from June 30, 2011 to June 28, 2013 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for COPD, obstructive sleep apnea, residuals of a pulmonary embolism, and pericarditis due to additional development being needed. The claims are inextricably intertwined with the claim for service connection for COPD.

The Veteran's sleep apnea is related to military service and the Board has granted entitlement to service connection.

The Board has determined that additional development is needed for the issues of increased evaluations for lumbosacral strain and cervical strain, as well as entitlement to a TDIU. The Veteran will be scheduled for VA examinations to evaluate his current level of severity for these disabilities.

The Board has remanded the Veteran's claims of service connection for treatment purposes only under 38 U.S.C. Chapter 17 for a respiratory condition, sleep apnea, and a left knee condition due to insufficient evidence regarding their etiology.

The Veteran's service-connected disabilities, including PTSD and multiple joint disabilities, do not meet the criteria for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) prior to June 9, 2009, or since October 2, 2009.