Sleep apnea decisions — 2023

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is service-connected, as it was incurred during his period of active duty.

The Board has remanded the claim for a rating in excess of 20 percent for lumbosacral strain with degenerative joint disease (DJD) due to inadequate examination and need for updated VA treatment records.

The Board has remanded the claims for service connection for obstructive sleep apnea and hypertension, as secondary to a service-connected condition. The Veteran's weight loss in his May 2019 sleep study is noted as potentially impacting the development of his obstructive sleep apnea.

The Veteran's PTSD is granted as service-connected. Bilateral hearing loss and OSA are denied.

The reduction of the PTSD rating from 100% to 50% is granted, effective February 1, 2016. The Veteran's sleep apnea and right knee strain are rated as they were before. TDIU and SMC at the housebound rate are also granted.

The Board has determined that further development is needed to address the Veteran's claims for service connection of OSA, including whether his service-connected disabilities cause or aggravate OSA and whether obesity is a substantial factor in causing OSA.

The Veteran requested to withdraw the appeal for service connection of sleep apnea, and the Board dismissed the appeal as a result.

The Board has granted the Veteran's petition to reopen his claim for service connection for sleep apnea and has determined that it is at least as likely as not that his sleep apnea is due to or aggravated by his service-connected generalized anxiety disorder with PTSD. The decision also grants service connection for sleep apnea.

The Board has remanded the Veteran's claims for service connection for COPD, OSA, and an initial disability evaluation in excess of 20 percent for diabetes mellitus, type II. The matter is being remanded due to inadequate development.

The Board has decided to remand the case due to the need for additional development, including obtaining a medical opinion on the etiology of the Veteran's sleep apnea and whether it is related to his service-connected disabilities.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea, finding that there is not substantial compliance with its previous remand directives and requiring an addendum opinion to address causation and aggravation by obesity as an intermediary step.

The Board has decided to remand the case for additional development, including obtaining new opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected bilateral knee condition caused or aggravated weight gain/obesity.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's OSA, and specifically whether obesity is an intermediate step in causing or contributing to his condition.

The Board has remanded the claim for service connection of obstructive sleep apnea due to new evidence submitted by the Veteran in his appeal. A new VA opinion is needed to address whether the Veteran's sleep apnea is related to his military service or any other service-connected condition.

The Veteran's service-connected skin disability does not prevent him from securing and following a substantially gainful occupation, as his nonservice-connected physical disabilities have a more significant impact on his employability.

The Board has decided to remand the Veteran's claims for a back condition and sleep disorder due to inadequate VA medical opinions. The Veteran is seeking service connection for these conditions, which he attributes to his active duty service.

The Veteran's claim for service connection for sleep apnea and sleep disturbances is remanded due to the need for a VA examination.

The Veteran's appeal for a higher rating of hemorrhoids and service connection claims for OSA and right knee disability are remanded due to insufficient medical opinions.

The Board has decided to remand the case due to inadequate medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected headache disability. The VA needs to provide a new opinion on whether the Veteran had an undiagnosed OSA condition during active duty, for which his headaches were merely a symptom, and if his service-connected headaches aggravated his OSA.

The Veteran's appeal is remanded due to the need for additional development, including obtaining outstanding VA and non-VA treatment records, a new VA examination, and addressing his claim for TDIU.