Sleep apnea decisions — 2023

The Veteran's sleep apnea is due to his service-connected posttraumatic stress disorder with major depressive disorder (PTSD). The Board finds that the current sleep apnea disability is related to his service-connected PTSD and grants service connection for this condition.

The Veteran's claims for service connection for acquired psychiatric disability, traumatic brain injury (TBI), back condition, and sleep apnea have been denied. The claim for service connection for an acquired psychiatric disability has been reopened due to new evidence.,The Veteran's TBI claim is denied as there is no credible evidence linking his current CVA to in-service head injuries.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for his back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy due to insufficient evidence from previous examinations.

The Veteran's appeal for a higher initial rating for his service-connected low back disability was dismissed because the June 2019 decision that granted a 40 percent rating, effective February 12, 2019, is not an initial decision to which the AMA applies.

The claim for service connection for sleep apnea is dismissed. The claim for a compensable rating for hypertension is denied.

The Veteran's right first metatarsophalangeal joint osteoarthritis is granted a 20 percent disability rating effective January 1, 2020.,The Veteran's chronic lumbosacral strain with piriformis syndrome and arthritis is granted an increased disability rating to 20 percent.

The Veteran's breast cancer and sleep apnea are granted service connection, with the former being linked to herbicide exposure in Vietnam.

The Board denied the Veteran's claim for service connection for degenerative disc disease, lumbar spine with degenerative arthritis, lumbosacral strain, and compression fracture as new and relevant evidence was not received to support his claim.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea and an acquired mental health condition before the Board could make a decision.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD, and he is assigned a 50% rating since May 27, 2014.

The Veteran's claims for service connection for GERD, hepatic steatosis with fatty liver, and sleep apnea have been dismissed due to the death of the Veteran.

The Board has denied service connection for sleep apnea and remanded the claims of service connection for an acquired psychiatric disorder including PTSD, GAD, MDD, and a respiratory condition including asthma.

The Veteran's appeals for service connection for obstructive sleep apnea, fatigue, right and left restless leg syndromes, and bilateral athletes foot have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of December 2, 2011.

The Board has remanded the case due to a duty-to-assist error, requiring additional medical opinions on whether fatigue is aggravated by service-connected obstructive sleep apnea and/or caused or aggravated by PTSD, heart conditions, and/or diabetes mellitus type II.

The Board has determined that the Veteran's March 2021 Form 10182 was timely filed and will proceed with consideration of his claim. The Board also found that further development is needed to address whether sleep apnea was proximately caused or aggravated by a service-connected disability, specifically an acquired psychiatric disorder and rhinitis.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus, based on a private medical opinion that supports this finding.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate opinions provided by VA examiners. The issues include right hand, right wrist, back, left knee conditions and sleep apnea.

The Board has remanded the claims of service connection for hypertension and obstructive sleep apnea, both claimed as secondary to obesity caused by inactivity due to service-connected back condition and/or service-connected acquired psychiatric disorder. The reasons are that VA treatment records suggest a possible link between the Veteran's prescription medication Abilify (for his service-connected acquired psychiatric disorder) and weight gain/obesity, which may have contributed to hypertension and obstructive sleep apnea.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the claims.