Sleep apnea decisions — 2023

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was insufficient evidence to establish a nexus between his current OSA and service, despite the Veteran having been notified of an examination. The failure to report for the scheduled examinations without good cause warranted consideration based on the existing evidence.

The Board denied the Veteran's claims for service connection for sleep apnea, deviated septum, cervical spine disorder, carpal tunnel syndrome, and migraine headaches due to untimely Notice of Disagreement (NOD) filed more than one year after notification of the February 2016 rating decision.

The Board has decided to remand the case due to incomplete information regarding the Veteran's obesity and its relationship to his service-connected disability, specifically a low back disability. The AOJ is instructed to obtain relevant treatment records and provide an opinion on whether the Veteran was obese at any point since 2017 and if it was due to a service-connected disability, including medication for a service-connected condition.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's obstructive sleep apnea is caused by or aggravated by his service-connected disabilities, specifically obesity.

The Board has remanded the Veteran's claims for an increased rating for lumbosacral strain, service connection for bilateral hearing loss, and service connection for tinnitus due to outstanding records and need for updated examinations.

The Board has remanded the case due to failure to comply with a previous remand directive, specifically obtaining a new medical opinion on the nature and etiology of the Veteran's obstructive sleep apnea. The matter is now pending for further review.

The Board has granted service connection for obstructive sleep apnea, but remanded the issue of service connection for fibromyalgia.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI).

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service-connected hypertension and migraine headaches, thus granting service connection for OSA.

The Veteran's claim for service connection for a left shoulder disability is granted. The claims for service connection for back, psychiatric disorders (including PTSD and major depressive disorder), TBI residuals, sleep apnea secondary to TBI, and seizure disorder secondary to TBI or acquired psychiatric disorder are remanded.

The Board has remanded the case due to insufficient nexus opinion regarding the Veteran's current lumbar spine disorder. The claim for service connection is not granted.

The Veteran's claims for an increased disability evaluation for hypertension and service connection for obstructive sleep apnea were denied. The Board found that the evidence did not support a higher rating for hypertension or establish a nexus between the Veteran's current obstructive sleep apnea and his active service.

The Veteran's claims for increased ratings for lumbosacral spine degenerative disc disease, right and left lower extremity sciatic nerve radiculopathy are remanded due to the need for a thorough VA examination.

The Board has remanded the case due to inadequate medical opinions addressing causation and aggravation of the appellant's sleep disorder, specifically OSA. The VA needs to obtain new medical opinions that separately address whether the sleep disorder is proximately due or aggravated by a service-connected disability, including PTSD and medications for other disabilities.

The Veteran is granted a rating of 70 percent for anxiety disorder, effective November 17, 2013. The effective date was determined based on the grant of service connection for anxiety disorder with TBI.

The Board has granted service connection for left and right lower extremity radiculopathy secondary to a service-connected lumbar spine disability. The evaluation of the lumbar spine disability remains at 40 percent.

The Board has determined that the Veteran's claimed respiratory disorder, sleep apnea, hypertension, diabetes mellitus, type II, and heart disorder are not service-connected as they were not caused by his military service.

The Board has remanded the case due to an inadequate VA examination and the need for a new opinion regarding the etiology of the Veteran's obstructive sleep apnea, specifically addressing in-service burn pit exposure.

The Veteran's acquired psychiatric disorder, OSA, and lumbar spine disability are all granted. The lumbar spine disability is remanded due to conflicting opinions.

The Board has granted service connection for obstructive sleep apnea on a direct basis, effective from the date of the decision.