Sleep apnea decisions — 2023

The Board has remanded the case for an addendum opinion regarding whether the Veteran's obstructive sleep apnea (OSA) is caused or aggravated by his service-connected PTSD, medications prescribed for PTSD and depression, or weight gain due to these conditions. The examiner must provide a rationale for any opinions rendered.

Your claim for a lumbar spine disability has been granted, and you are now receiving a 20% rating effective July 14, 2014. The appeal is dismissed as the AOJ has already granted the benefits.

The Veteran's right shoulder, low back, right knee, sleep apnea, and right foot disabilities are all granted as service-connected.,Effective April 7, 2014, a rating of 50 percent for headaches is granted.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected Depressive Disorder, resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no persuasive evidence to support a direct or secondary relationship between his OSA and his military service.

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,Prior to December 12, 2003, the Veteran was not found unable to secure or follow substantially gainful employment due to his service-connected disabilities.,From December 12, 2003, to January 31, 2005, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was not permanently housebound.,From February 1, 2005, to February 27, 2019, the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,From February 28, 2019, to April 3, 2020, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was in receipt of special monthly compensation.

The Board has granted service connection for thoracic and lumbosacral strain (low back disability) and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions are related to his active duty service.

The Board denied service connection for prostate disability, diabetes mellitus, colon polyps status post-removal, hypertension, sleep apnea, and acid reflux (GERD) due to contaminated water at Camp Lejeune. The evidence did not establish a link between these conditions and the Veteran's military service or exposure to contaminated water.,The Board found that none of the claimed disabilities are among the eight diseases presumptively associated with contaminated water at Camp Lejeune, thus denying presumptive service connection on this basis.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is not related to his military service and therefore denied the claim for service connection.

The Veteran's appeal for an increased rating in excess of 50 percent for OSA is dismissed due to the withdrawal by his attorney.,Service connection for bilateral hearing loss is denied as there was no evidence of hearing loss within one year after separation from service and it is not related to service.,Service connection for IHD remains denied as the Veteran's condition does not meet the criteria for chronic congestive heart failure, workload restrictions, or left ventricular dysfunction with an ejection fraction less than 30 percent.,Service connection for diabetes mellitus, type II (diabetes) is denied due to lack of evidence showing it was incurred in service and there are no complications requiring separate ratings.,The Veteran's appeal for a total disability rating based on individual unemployability prior to February 19, 2015, remains pending as the effective date has not been established.

The Board has dismissed the appeal due to the appellant's withdrawal of his claims for increased disability ratings for lumbosacral strain.

The Board has dismissed the appeals for service connection for fatigue as due to an undiagnosed illness and sleep apnea because the appellant withdrew his appeal.

The Board has remanded the case due to the need for additional medical opinions regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is related to his service-connected traumatic brain injury and whether it is a medically unexplained chronic multisymptom illness.

The Veteran's claims for service connection for sleep apnea, initial ratings for bilateral hearing loss, and TDIU are being remanded due to the need to obtain additional records and provide updated VA opinions.

The Board has granted service connection for the Veteran's back disability, finding that it is related to his active duty service.

The Board has determined that the Veteran's back disability is related to his active service and grants service connection for a back disability.

The Veteran's acquired psychiatric disorder, diagnosed as depressive disorder and unspecified anxiety disorder, is granted service connection. The case has been remanded for further action regarding OSA, left ankle, right ankle, and bilateral knee disabilities.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and a TDIU due to inadequate opinions provided by the VA examiner.

The Veteran's claims for increased ratings for COPD and sleep apnea with COPD, as well as his TDIU claim prior to September 26, 2021, are being remanded due to the need for additional examinations and consideration of the DLCO (SB) test and exercise capacity testing.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service.