Sleep apnea decisions — 2023

The Board denied the Veteran's claims for service connection for sleep apnea, kidney disease other than diabetic nephropathy, and a vision disability other than diabetic retinopathy due to lack of evidence showing these conditions were related to his active service or exposure to herbicide agents.

The Board has granted a TDIU for the period prior to October 5, 2021. The case is remanded for further action regarding entitlement to a TDIU from October 5, 2021.

The Board has granted service connection for ischemic heart disease, cerebrovascular accident, peripheral vascular disease, COPD, and severe obstructive sleep apnea, all of which are presumed to be related to herbicide exposure during the Veteran's service in Thailand. The secondary service connection claim for obstructive sleep apnea is also granted.

The Board denied the Veteran's appeal of whether a substantive appeal was timely filed in response to a February 2017 statement of the case, finding that the appeal was untimely due to the failure to file within the required 60-day period.

The Veteran's appeal is being remanded to verify his service in the Ohio Air National Guard and determine if any periods of deployment were federal service. The claims for service connection will be reconsidered after this verification.

The Board has decided to remand the case due to non-compliance with a prior Board remand and the need for an adequate opinion regarding the Veteran's obstructive sleep apnea.

The Board has granted service connection for bilateral hearing loss, sleep apnea, and COPD with asthma secondary to the Veteran's service-connected residuals of TBI with persistent depressive disorder. The initial disability rating for residuals of TBI is also granted at 100 percent.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's claim for an initial rating in excess of 10 percent for his low back disorder is being remanded due to the need for a current examination. The effective date for service connection remains December 29, 2015.

The Board has remanded the cases for further development and examination, as new evidence was added to the claims file since the last decision. The Veteran's service connection claims are being reviewed due to the addition of new evidence.

The Veteran's claim for a higher rating of his lumbar spine disorder and service connection for obstructive sleep apnea are both remanded due to the need for additional medical examination.

The Board has remanded the claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea, as these conditions may be related to the Veteran's service-connected bilateral hearing loss and/or tinnitus.

The Board has decided to remand the Veteran's claims for right ear hearing loss and sleep apnea with CPAP due to insufficient medical opinions regarding their etiology. The VA will need to provide a new examination and opinion.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is granted as new and material evidence has been received. The appeal is remanded to determine if OSA is secondary to his service-connected bronchial asthma and/or steroid-induced diabetes.

The Board has decided to remand the cases of sleep apnea and bilateral hearing loss for additional development. The TDIU issue is also deferred until these issues are resolved.

The Board has remanded the case due to a lack of medical evidence confirming whether the Veteran's reported symptoms in 2013 and 2014 are consistent with radiculopathy. The case is now pending for further consideration.

The Veteran's claims for service connection are remanded due to the need for further medical examinations and records review.

The Board has decided to remand the case due to insufficient opinions regarding whether obesity is a substantial factor in causing or aggravating the Veteran's obstructive sleep apnea, and whether PTSD is proximately due to or aggravated by his service-connected disabilities.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's preexisting OSA was aggravated by his third period of active duty. The case will be returned for further examination and opinion.

The Board has remanded the Veteran's claims for a thoracolumbar spine disorder and left hip disorder due to insufficient medical opinions regarding their etiology.