Sleep apnea decisions — 2023

The Board denied service connection for obstructive sleep apnea, but granted service connection for insomnia disorder. The decision did not address the Veteran's claim for OSA as a presumptive condition due to Gulf War Service.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and depression, finding that the Veteran's conditions are not related to his military service. The issue of entitlement to service connection for a sleep disorder was also denied.

The Board has decided to remand the Veteran's claim for service connection for OSA, considering whether obesity can be an intermediate step in causing or aggravating his current disability. The case is sent back for another medical opinion.

The Veteran's claims for service connection have been reopened and granted for bilateral foot disability, right knee disability, sleep apnea, headaches, and hearing loss. The claim for an acquired psychiatric disorder other than PTSD remains pending.

The Veteran's asthma and obstructive sleep apnea are rated at 30 percent since June 11, 2021. The right shoulder tendonitis is rated at 30 percent from November 23, 2020 to January 24, 2022.

The Veteran's TBI is remanded for additional medical opinion to determine if it is related to the motor vehicle accident in service.,The Veteran's tenosynovitis of the right hand and left hand are remanded for additional medical opinion regarding whether they are secondary to cervical spondylosis and other service-connected conditions.,The Veteran's sleep apnea is remanded for additional medical opinion regarding whether it is related to PTSD, lower extremity disabilities (but-for causes).

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board has remanded the issues of service connection for fibromyalgia and left knee patellofemoral pain syndrome due to insufficient evidence in the record.,An effective date prior to September 30, 2017, is denied as there was no valid claim received by VA prior to that date.

The Board has remanded the Veteran's claims for sleep apnea and tinnitus as secondary to service-connected conditions due to inadequate opinions in the original decision. The AOJ is instructed to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Veteran's claims for respiratory disorders, left shoulder disorder, and bilateral foot disorders are being remanded due to insufficient evidence. The Board will seek additional medical opinions regarding the etiology of these conditions.

The claim of service connection for obstructive sleep apnea is remanded, and the claim of a disability rating in excess of 20 percent for lumbosacral strain with degenerative arthritis is also remanded. The claims of entitlement to service connection for ED and PTSD are also remanded.,The Veteran's claim for a disability rating of 50 percent for migraine headaches has been granted.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea and back pain due to inadequate medical opinions. The VA examinations and medical opinions provided were not thorough enough, particularly regarding whether the Veteran currently has a valid diagnosis of OSA or if his service-connected conditions are causing or aggravating his sleep disorder.

The Board has remanded the case due to insufficient evidence of record, including incomplete SPRs and conflicting medical opinions regarding the Veteran's OSA. The case is being returned for further development.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development. The right lower extremity radiculopathy claim requires a VA examination, and the DDD involving the lumbosacral spine claim needs an addendum opinion regarding functional equivalent of ankylosis.

The Veteran's service connection claims for tinnitus, hearing loss, diabetes secondary to major depressive disorder, migraines secondary to major depressive disorder, sleep apnea secondary to major depressive disorder, and memory loss are all granted. However, the effective dates prior to February 6, 2018, for these awards have not been established.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during military service and have continued thereafter. The decision is based on credible lay statements from the Veteran's spouse.

The Board has found that the development conducted does not comply with prior remand directives and has therefore ordered additional examinations and opinions to address issues related to sleep apnea and degenerative joint disease of the lumbar spine.

The Board has found that a VA medical examination is needed to determine if the Veteran's obstructive sleep apnea is related to his active service. The claim of service connection for obstructive sleep apnea is being remanded.

The Veteran's service-connected obstructive sleep apnea is granted. The right knee strain, left knee strain, and right ankle strain are all granted with a rating of 30 percent each. Other claims are remanded.