Sleep apnea decisions — 2023

The Veteran withdrew his appeals on all issues, including those for increased ratings and service connection. The Board dismissed the appeal due to the Veteran's withdrawal.

The Board has granted service connection for obstructive sleep apnea (OSA) and remanded the issues of service connection for sinusitis, increased rating for allergic rhinitis, and TDIU.

The Veteran's appeal for service connection on the merits is dismissed due to withdrawal of the bladder arteriovenous malformation claim. The claims for lung nodules, OSA, and other conditions are denied.

The Board has decided to remand the case due to inadequate reasoning in a previous VA opinion regarding service connection for obstructive sleep apnea, and additional evidence needs to be considered.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for updated examinations.

The Board has decided to remand the case due to a lack of a VA examination related to the Veteran's obstructive sleep apnea, which is claimed as service-connected. The examiner will need to determine if the condition had onset in service or is related to disease or injury in active service.

The Board has dismissed the appeals for service connection of various conditions including left hip condition, right hip condition, degenerative arthritis of the spine, sleep apnea, and an acquired psychiatric disorder (posttraumatic stress disorder).

The Board has remanded the claims for additional development due to evidence obtained after the previous remand. The Veteran's service connection claims are being reviewed again.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment on an extra-schedular basis prior to November 5, 2018.

Service connection is granted for tinnitus, peripheral vestibular disorder, and sleep apnea. The claims are remanded for additional development regarding the peripheral vestibular disorder and sleep apnea.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral hand disability due to additional development being necessary.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to service or if his service-connected PTSD aggravates it. The VA will need to provide a new opinion on these issues.

The Board has remanded the claim for service connection for sleep apnea due to inadequate reasoning in a previous VA opinion. The Veteran's lay statements and symptoms are considered, as well as his weight gain during service and exposure to burn pits.

The Veteran's claim for PTSD was granted, while the claims for obstructive sleep apnea, pes planus, left foot hammer toes, right foot hammer toes, and a skin condition were remanded.

The Board has decided to remand the cases of sleep apnea and diabetes mellitus type II secondary to a service-connected psychiatric disorder due to insufficient opinions from the previous VA examiner.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to January 7, 2022.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea due to aggravation by his service-connected conditions and direct service connection based on herbicide exposure. Additional development is needed, including obtaining an addendum opinion from a VA examiner.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied as his bilateral hearing loss is manifested by no worse than Level II hearing in the right and left ears.,The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with DDD was remanded due to insufficient medical evidence linking bowel incontinence to his service-connected back disability.

The Board has remanded the claims for PTSD and sleep apnea due to new evidence, including service treatment records and VA medical center reports. The Veteran's request for a hearing was withdrawn, and the issues must be remanded to the RO for initial consideration of the newly received evidence.

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes.