Sleep apnea decisions — 2023

The Board has remanded the claims for service connection for obstructive sleep apnea and TDIU due to new evidence submitted by the Veteran. The claim for service connection is now based on a new theory of entitlement, while the TDIU remains inextricably intertwined with this issue.

The Board has determined that the VA examination provided in March 2019 was inadequate and remanded for further action, including obtaining an addendum opinion from a VA examiner to address the Veteran's OSA.

The Veteran's appeal for a compensable rating for scars, including surgical excision due to melanoma and appendectomy, has been withdrawn. The Board has also remanded the issues of service connection for various conditions.

The Board has determined that further medical opinion is needed to address the Veteran's claims for service connection for obstructive sleep apnea (OSA) as secondary to PTSD and tinnitus. The remand requires an additional VA examination to provide a comprehensive analysis of the etiology of the Veteran's OSA, including consideration of all relevant evidence.

The Veteran's appeals for service connection were dismissed as he withdrew his appeal before a decision was made.

The Board has granted service connection for the Veteran's OSA, finding that it had its onset in active service and is proximately due to or the result of his service-connected PTSD.

The Veteran's claims for an increased rating for his left knee sprain and service connection for a sleep disorder, claimed as sleep apnea, are remanded due to the need for additional evidence and examinations.

The Veteran's claims for service connection for right plantar fasciitis, low back disability, obstructive sleep apnea, heart condition (coronary artery disease and atrial fibrillation), deviated septum, and respiratory condition have all been granted.,Service connection has been established for the Veteran's current diagnoses of degenerative arthritis of the spine, obstructive sleep apnea, coronary artery disease, atrial fibrillation, deviated septum, and a respiratory condition (sinusitis, rhinitis, upper respiratory infection).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD, finding that there is a causal relationship between the two conditions.

The Board has found that the AOJ did not obtain necessary medical opinions as directed and is remanding the case again to ensure all outstanding VA treatment records are associated with the claims file, and to obtain new medical opinions based on a review of the claims file.

The Veteran's claims for service connection for various conditions, including chronic ear pain, sleep apnea, a rash, right shoulder condition, left shoulder condition, neck condition, back condition, bilateral knee condition, bilateral hand condition, bilateral hip condition, and bilateral wrist condition are all denied.,Service connection was not granted as the evidence does not support that any of these conditions began during service or is otherwise related to an in-service injury, event, or disease.

The Veteran's service-connected disabilities prevented him from performing the physical and mental acts required for employment from April 1, 2015, to December 10, 2019.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional evidence, including updated medical examinations.

The Board has remanded the case due to inadequate medical opinions regarding service connection for a back condition and aggravation of pre-existing scoliosis/kyphosis by in-service thoracic muscle strain and chronic low back pain. The Veteran's conditions include DDD, lumbosacral sprain/strain, mechanical back syndrome, facet joint arthropathy, IVDS, foraminal lateral recess central stenosis, and radiculopathy.

The Board denied the Veteran's petition to reopen his claim for service connection for sleep apnea, finding that new and material evidence had not been presented.

The Board has remanded the Veteran's claims for service connection due to outstanding medical records and further examination is needed to determine the nature and etiology of his claimed disabilities.

The Veteran's application to reopen the previously denied claim for entitlement to service connection for a headache disability is granted. The application to reopen the previously denied claim for entitlement to service connection for a cervical spine disability is denied.

The Veteran's obstructive sleep apnea is found to be due to or aggravated by his service-connected diabetes, and the claim for secondary service connection is granted.

The Veteran's service-connected PTSD is found to be related to his current diagnoses of OSA, hypertension, GERD, heart disease, and stroke. The Veteran's headaches are rated as 50% disabling throughout the appeal period.

The Board has remanded the case due to an inadequate VA examination, requiring a new one that addresses causation and aggravation of the Veteran's obstructive sleep apnea (OSA) by his service-connected PTSD.