Sleep apnea decisions — 2023

The Board has determined that the Veteran's current OSA disability may have developed during his service, including periods of ACDUTRA or INACDUTRA. The decision is remanded to obtain a VA opinion on this issue.

The Veteran's claims for increased disability evaluations and earlier effective dates for service connection were denied. The maximum schedular rating available for tinnitus is 10 percent, which the Veteran already has.

The Veteran's service-connected disabilities do not meet the eligibility criteria for specially adapted housing or special home adaptation grants due to a lack of permanent and total disability rating.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU rating based on these conditions.

The Veteran's sleep apnea is related to his active service, and the Board has granted this claim.

The Veteran's claim for service connection for an eye condition, including retinitis pigmentosa, has been reopened due to the submission of new and material evidence. The case is now remanded for further review.

The Board has decided to remand the case due to the need for a VA examination and opinion regarding whether the Veteran's sleep apnea is related to his service-connected tinnitus, as well as whether it was aggravated by his service-connected tinnitus.

The Board has denied an initial rating greater than 20 percent for right shoulder strain and has remanded the issues of service connection for knee disorders, OSA, diabetes, and a psychiatric disorder. The Veteran's claims are pending further development.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a new examination and opinion, as well as potential application of the PACT Act.

The Veteran's PTSD is granted at a 70% rating, and service connection for obstructive sleep apnea is granted. The Board finds additional development needed for the remaining issues.

The Board has remanded the Veteran's claims for service connection due to new evidence obtained from the Department of Defense and deficiencies in previous medical opinions. The case is now pending further examination and reconsideration.

The Veteran's claim for higher ratings for his service-connected right shoulder impingement syndrome and lumbosacral strain, as well as a TDIU, was denied. The case was remanded multiple times, and the Veteran was granted a TDIU in February 2016. Attorney fees were withheld from past-due benefits awarded to the Veteran due to his representation by S.R., who is now eligible for attorney fees based on the grant of past-due benefits.

The Board has remanded the claim of service connection for sleep apnea, including as secondary to hypertension, due to a lack of adequate medical opinion and incomplete private medical records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for respiratory condition, claimed as asthma; left foot disability; right foot disability; low back disability; and sleep apnea. These claims are being remanded for further development.

The Veteran's hypertension was granted service connection as it manifested within one year of separation from active duty. Service connection for a right-hand disorder, obstructive sleep apnea, and diabetes mellitus were denied due to lack of current diagnoses.

The Veteran's claims for service connection for a right shoulder strain and OSA have been reopened. The Board has ordered remand for further development to address the issues of service connection.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, a back disability, and various extremity disabilities are not granted. The cases have been remanded to obtain additional medical opinions regarding whether these conditions were aggravated by his obesity.

The Board has denied service connection for hypoglycemia as it is a laboratory finding and not a disability subject to service connection. The remaining issues are remanded due to the need for further development regarding the Veteran's claimed disabilities.

Service connection is granted for an acquired psychiatric disorder, including PTSD. The Veteran's current psychiatric disorders are found to be caused by military stressors. Service connection is also granted for plantar fasciitis and OSA, with the latter being secondary to service-connected deviated septum and chronic rhinitis.