Sleep apnea decisions — 2023

The Veteran's claim for an increased rating for coronary artery disease is denied.,The Board has remanded the claims of service connection for OSA, a back disorder, and COPD as secondary to his service-connected coronary artery disease.

The Board denied service connection for a lumbar spine disability, radiculopathy of the right and left lower extremities, and headaches (claimed as head injury).,Service connection was also denied for chronic fatigue, benign prostate hyperplasia (claimed as residuals of prostate cancer), erectile dysfunction, and sleep apnea. The Board found that there is insufficient evidence to establish a nexus between these conditions and the Veteran's period of service.,The Board remanded the cases for further development regarding service connection for a left ankle disability.

The Board has remanded the claim of service connection for obstructive sleep apnea due to new evidence submitted by the Veteran and because there is insufficient medical opinion regarding whether the condition began in service or is related to service.

The Veteran's service-connected lumbar spine disability and related conditions have rendered him unable to secure or follow a substantially gainful occupation prior to November 1, 2019. The Board has referred the issue of TDIU prior to this date for extraschedular consideration.

The Board denied service connection for sleep apnea, finding that the condition is not related to service and is not caused by or aggravated by a service-connected disability.

The Board has remanded the case due to insufficient opinions regarding service connection for OSA and its relationship to GERD. The Veteran's OSA is being evaluated again, specifically addressing whether it was aggravated by his service-connected GERD.

The Board has found that the agency of original jurisdiction (AOJ) did not substantially comply with prior remand directives and has ordered further development for an opinion on the etiology of the Veteran's sleep apnea.

The Board has remanded the cases of service connection for obstructive sleep apnea and assignment of TDIU based on service-connected disabilities due to insufficient medical opinions.

The Board has granted service connection for COPD and obstructive sleep apnea, both presumed to be due to in-service exposure to burn pits. The effective date is not specified.

The Board has determined that the Veteran's claims for service connection have been denied due to lack of new and material evidence, as well as a failure to establish a current disability or link between in-service stressors and current symptoms. Service connection was also not granted for asbestos exposure and respiratory disorder.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current condition is related to his active duty service.

The Board has remanded the Veteran's claims for obstructive sleep apnea and gastrointestinal disorders other than GERD, including irritable bowel syndrome and diverticulosis with sigmoid resection. The AOJ is to obtain additional medical opinions regarding the etiology of these conditions.

The Board denied service connection for sleep disorder, bilateral feet/left ankle disability, and bilateral hand/wrist disability. The low back disability, residuals of uterine fibroids, total hysterectomy, and psychiatric disorder claims are remanded.

The Board has determined that the Veteran's May 2019 VA Form 10182 constitutes a valid and timely legacy appeal for service connection for left ankle disability, OSA, TMJ, an acquired psychiatric disorder, and a headache disability. The case is REMANDED to issue a Statement of the Case on these issues.

The Board denied service connection for a right shoulder disorder and obstructive sleep apnea (OSA) as the evidence did not support direct service connection due to lack of continuity of symptomatology or showing of chronic disease in service.

The Veteran requested to withdraw all remaining issues on appeal, including PTSD, CFS, sleep apnea, and intertrigo tinea.

The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's bipolar disorder, hypertension, alveolar fracture of the jaw, deviated nasal septum with scar, and diabetes mellitus are all found to have been caused by or aggravated by his service-connected conditions.

The Veteran's TDIU claim was denied as he did not meet the economic component of the criteria. The initial rating for lumbosacral strain in excess of 10 percent prior to November 16, 2022, and in excess of 40 percent from that date is remanded due to outstanding treatment records.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD. The lower back condition and malignant hypertension are remanded for further examination and opinion.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's obstructive sleep apnea (OSA), and thus denied the claim.