Sleep apnea decisions — 2023

The Veteran withdrew his appeal, effective immediately upon receipt by VA.

The Board has remanded the claims for service connection for obstructive sleep apnea and hypertension due to insufficient consideration of whether obesity is an intermediate step in a causal chain for these conditions, as well as the Veteran's submitted medical articles.

The Board denied the Veteran's claim for an effective date earlier than February 26, 2016, for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that prior to February 26, 2016, the Veteran did not meet the schedular criteria for a TDIU and there was insufficient evidence to substantiate a reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Board has remanded the Veteran's claim for an increased rating for his service-connected back disability due to inadequate examination and failure to provide adequate reasons and bases.

The Board has denied the Veteran's claim for service connection for GERD, finding that there is no credible evidence of in-service GERD symptomatology and no competent medical opinion linking the condition to service.,The Board has remanded the claims for bilateral hearing loss and tinnitus due to potential intercurrent causes not related to service. The Veteran's noise exposure during service may be considered, but further examination and opinion are needed to determine if current hearing loss or tinnitus is related to service.

The Board has remanded the case due to insufficient medical opinions regarding whether the service-connected diabetes mellitus and/or PTSD caused or aggravated the Veteran's sleep apnea.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD.

The Veteran's claims for bilateral hearing loss and tinnitus have been denied as there is no current diagnosis of bilateral hearing loss.,The Veteran's claim for an increased rating for her service-connected radiculopathy, right sciatic nerve, left sciatic nerve, hemorrhoids, degenerative arthritis of the right knee, cervical spine degenerative arthritis, kidney stones, lip numbness, and gastrointestinal disorders have been remanded.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability of the lumbosacral spine and right lower extremity neuropathy due to VA treatment is denied as there was no additional disability resulting from VA care, and any alleged failure by VA to diagnose or treat did not result in progression of his condition.

The Veteran's allergic rhinitis was not rated higher than 10 percent, as it did not meet the criteria for a higher evaluation.,The Veteran's lumbosacral strain was not rated higher than 40 percent, as there was no evidence of unfavorable ankylosis.

The Veteran's claims for increased ratings for his lumbar spine disorder and right lower extremity radiculopathy are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the condition had its onset in service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient evidence and a need for further development, including obtaining service treatment records from the Veteran's reserve period and private medical records. The Veteran is also required to undergo a new VA medical opinion regarding his OSA.

The Board has remanded the claims for service connection due to new and material evidence having been submitted. The appellant's attorney requested this review.

The Board has decided to remand the cases of sleep apnea and erectile dysfunction for additional development as there are incomplete service treatment records and need for updated post-service medical records.

The Board has decided to remand the case due to an inadequate medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected asthma. The Veteran is seeking service connection for his sleep apnea, which he contends was incurred in service or as a result of his service-connected asthma.

The Veteran's hypertension is rated at 10 percent, and he was granted a TDIU effective from December 27, 2018 to January 7, 2021. The Board referred the claim for a TDIU prior to December 27, 2018, to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's claim for service connection for sleep apnea has been remanded due to the submission of new and material evidence. The right total knee replacement rating is also being remanded.,The Board finds that higher ratings are not warranted for the Veteran's bilateral knee scars.

The Veteran's claims for service connection for depression, sleep issues (including sleep apnea), right and left upper extremity carpal tunnel syndrome, right and left foot disabilities are being remanded due to the need for additional medical opinions.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities from March 6, 2017 to April 3, 2017. The appeal for TDIU from April 3, 2017 is denied as moot by the 100% combined schedular disability rating.