Sleep apnea decisions — 2023

The Board has decided to remand the case due to lack of substantial compliance with its previous remands. The Veteran's claim for service connection for obstructive sleep apnea is being returned for further development and consideration.

The Veteran's peptic ulcer disease (PUD) is granted as service-connected. The claims for fibromyalgia and obstructive sleep apnea are remanded due to insufficient medical opinions.

The Veteran's appeals for service connection for asthma, an acquired psychiatric disability (including PTSD, depression, and anxiety), tension headaches, sleep apnea, a right ankle disability, and bronchitis have been dismissed as the benefits sought on appeal were granted in full.

The Board has decided to remand the case due to the need for clarification on the examiner's statements regarding service connection for obstructive sleep apnea and the relationship between PTSD, obesity, and sleep apnea.

The Board has decided to remand two issues: the claim of service connection for sleep apnea and the issue regarding a higher disability rating for PTSD. The Veteran will need further examinations to determine if his conditions are related to his active service.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability due to his inability to secure and follow substantially gainful employment.

The Veteran is seeking an earlier effective date for the service-connected disabilities granted in his December 2015 rating decision. The Board finds that a remand is necessary to verify the dates of active-duty service prior to September 23, 2014.

The Board has remanded the claims for diabetes mellitus, type II; right lung pulmonary fibrosis; restrictive lung diseases; skin cancer of the entire body; enlarged prostate with elevated PSAs; heart disability; erectile dysfunction; stroke; hypertension; left lower extremity peripheral vascular disease; right lower extremity peripheral vascular disease; left lower extremity peripheral neuropathy; right lower extremity peripheral neuropathy; left upper extremity peripheral neuropathy; right upper extremity peripheral neuropathy; sleep apnea; and loss of use of the right arm and hand due to lack of evidence regarding herbicide exposure in Korea prior to September 1, 1967.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is due to his service-connected PTSD or sinus surgery. The decision resolves all doubt in favor of the Veteran.

The Veteran's claims of entitlement to service connection for an acquired psychiatric disorder, diabetes mellitus, hernia, and sinus disorder have been reopened. Service connection is granted for major depressive disorder.,Secondary service connection is also granted for obstructive sleep apnea due to the Veteran's service-connected major depressive disorder.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a causal relationship between his active service and the condition.

The Board has remanded the Veteran's claims due to additional development being required, including obtaining medical opinions regarding his service connection claims and exposure to environmental hazards.

The Board denied service connection for obstructive sleep apnea, type II diabetes mellitus, and neuropathy of the bilateral lower extremities. The evidence did not support a finding that these conditions were related to military service.

The Veteran's service-connected disabilities, including major depressive disorder, sleep apnea, bilateral hearing loss, and tinnitus, prevent him from securing or following substantially gainful employment. The Board has granted TDIU based on these conditions alone. Additionally, the Veteran meets the criteria for SMC based on housebound status due to his 100% service-connected major depressive disorder.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation prior to September 30, 2020. The case is remanded for consideration of extraschedular TDIU.

The Board has dismissed the Veteran's claims for service connection of various conditions, including OSA, a left hand condition, an acquired psychiatric disability, and right and left shoulder conditions. The issues related to these conditions are no longer before the Board.

The Veteran's lumbosacral strain is currently rated at 40% disabling, effective January 20, 2021. The appeal for a higher rating prior to that date remains pending.

The Veteran's claims for service connection for a ruptured ear drum, bilateral hearing loss, PTSD, and an LCL injury with residuals have been dismissed. The claim for OSA has been granted.

The Veteran's current left knee disability is related to his active service. The Board has granted service connection for residuals of a left knee injury.

The Veteran withdrew his appeals for service connection of obstructive sleep apnea and chronic obstructive pulmonary disease, leading to the dismissal of these issues.