Sleep apnea decisions — 2023

The Board has determined that a remand is necessary to determine the nature and etiology of the Veteran's UARS claimed as OSA, given the need for an examination addressing the combat presumption and weight considerations.

The Board has determined that the Veteran's obstructive sleep apnea began during service and is related to his military service, granting service connection for this condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and development of records.

The Board denied service connection for obstructive sleep apnea as it was not related to a service-connected disability and the Veteran's obesity, which caused his sleep apnea.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected disabilities aggravate his sleep apnea and if his sleep apnea developed shortly after active service.

The Board has decided to remand the Veteran's claims for service connection for headaches and sleep apnea due to incomplete records, need for updated treatment records, and the need for a VA examination.

The Veteran's appeal for an increased rating for his service-connected unspecified depressive disorder is dismissed.,The Veteran's appeal to reopen the claim of service connection for costochondritis is also dismissed.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to service. The claim will be returned for further development and consideration.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's sleep apnea. The AOJ is instructed to obtain new medical opinions addressing whether the Veteran's sleep apnea is related to his active-duty service and whether it was caused or aggravated by his service-connected PTSD.

The Board has decided to remand the case due to conflicting opinions in the VA examination report regarding whether the Veteran's obstructive sleep apnea is related to his service or if it was caused by his service-connected PTSD. The case will be returned for a new examination and opinion.

The Veteran's service-connected depressive disorder with anxiety is found to have caused or aggravated his obstructive sleep apnea, and he is granted service connection for both conditions.

The Board has remanded the claims for service connection for CFS and OSA due to inconclusive evidence prior to May 26, 2022. The Veteran's representative contends that the effective date should be September 13, 2000, but the Board finds it is not factually ascertainable whether an increase in disability occurred before this date. Additionally, the claims for SMC and service connection for OSA are remanded due to insufficient medical opinions.

The Board denied the Veteran's claims for service connection for diabetes mellitus type II, obstructive sleep apnea, erectile dysfunction, and neurological conditions (claimed as nerve conditions), finding that there was no new and material evidence to reopen the claim for diabetes. The Board also found that these disabilities were not related to military service.

The Board has decided that there is not substantial compliance with the remand requests and thus the case must be returned for further development, specifically an additional medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has granted the appellant's claims for service connection for a left knee disability and obstructive sleep apnea (OSA), finding that these conditions are proximately due to or aggravated by his service-connected right knee disability, obesity, and lumbar spine disability.

The Board has remanded the Veteran's claims for COPD, an acquired psychiatric disorder, a skin condition, and sleep apnea due to herbicide agent exposure. The Veteran is not provided with VA examinations as his diagnoses are current and he has provided sufficient evidence of service connection.

The Veteran's service connection claims for various conditions, including obstructive sleep apnea, bilateral hearing loss, left and right foot conditions, right leg condition, hypertension secondary to OSA, and a tooth disorder are being remanded due to the need for additional development.

The Board has found that the appellant's hearing loss disability is not more severe for compensation purposes during the period on appeal than demonstrated on the audiological evaluations discussed above.,VA has failed to obtain the appellant's service treatment records and has determined that further attempts to obtain them would be futile.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of an initial compensable rating for pseudofolliculitis barbae.

The Veteran's nephrolithiasis and thoracic spine degenerative disc disease and intervertebral disc syndrome (IVDS) have been rated at the maximum allowed under their respective diagnostic codes.,The Veteran's IVDS does not meet the criteria for a higher rating as there is no evidence of incapacitating episodes or flexion limited to 30 degrees or less.