Sleep apnea decisions — 2023

The Board has determined that procedural errors occurred when the Veteran's appeal was placed in the AMA system, and it is being remanded to be re-docketed under the Legacy framework.

The Board has remanded the claims for service connection for an acquired psychiatric disability other than PTSD, chronic headaches, obstructive sleep apnea (OSA), and residuals of a fracture of the left ring finger due to incomplete compliance with prior requests for verification of in-service stressor events.

The Veteran's previously denied claim for service connection of sleep apnea has been reopened. The Board finds new and material evidence to support the reopening of this claim, but remands it for further development regarding whether his PTSD has aggravated his current sleep apnea.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 9, 2022. The Board finds that his service-connected conditions render him unable to secure or follow a substantially gainful occupation and grants TDIU on an extraschedular basis.

The Veteran's service-connected disabilities, including bilateral pes planus and sleep apnea, have rendered him unable to secure or maintain substantially gainful employment since November 1, 2016.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's back disability and obesity did not cause or aggravate his OSA.

The Board has remanded the case due to an inadequate VA opinion regarding the etiology of the Veteran's OSA. The examiner is asked to provide a new opinion addressing whether the Veteran's current OSA is related to his military service, including as a result of an irregular work schedule and/or symptoms present during service.

The Board has remanded the claims for increased ratings for a low back disability and bronchial asthma with sleep apnea, as well as the TDIU claim due to insufficient medical records and inadequate VA examinations. The Veteran's employment history is also needed for the TDIU determination.

The Veteran withdrew his appeals for increased evaluations of chronic sinusitis and deviated nasal septum, as well as service connection for sleep apnea.

The Board has denied service connection for bilateral hearing loss and remanded the issues of syncope and sleep apnea secondary to service-connected disabilities, as well as the SMC claim based on need for aid and attendance. These matters are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has reopened the claim for service connection for obstructive sleep apnea due to new and material evidence. The rating for bilateral hearing loss is also remanded.

The Veteran's claim for OSA related to service or secondary to hypertension is being remanded due to the need for additional records and an addendum opinion.

The Board has restored the Veteran's lumbosacral strain rating from 40 percent to 10 percent effective September 1, 2018, finding that the reduction was improper due to an inadequate VA examination.

The Board has remanded the claims for service connection for obstructive sleep apnea, coronary artery disease, cirrhosis of the liver, and diabetes mellitus type II due to a right ankle disability. The case will be returned for further development.

The Board denied service connection for Obstructive Sleep Apnea and Right Knee Disorder, finding that there was no in-service incurrence or continuity of symptoms since service.

The Board has granted the Veteran's claim for service connection for vertigo as secondary to his service-connected headaches. The claims for nosebleeds and sleep apnea have been denied.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and additional development of evidence.

The Veteran's service connection claim for prostate cancer, which was presumed due to exposure at Camp Lejeune, is denied. Service connection for obstructive sleep apnea as secondary to his service-connected depression with anxious distress is granted.

The Veteran's degenerative disc disease of the lumbosacral spine was granted service connection. The right and left knee disabilities are remanded for further review.