Sleep apnea decisions — 2023

The Board denied service connection for sleep apnea in June 2022. The Veteran's appeal was remanded due to the failure of the Board to consider arguments presented by his representative.

The Board has determined that the Veteran's right ankle disability, right hip disability, peripheral vestibular disorder, diverticulitis, migraine headache disorder, and obstructive sleep apnea are proximately caused by his service-connected disabilities.

The Board has remanded the Veteran's claims for excessive weight loss, skin disability, allergic rhinitis, and obstructive sleep apnea due to incomplete medical evidence. The Veteran is required to provide additional information or authorization for VA to obtain relevant non-VA treatment records.

The Board has remanded the Veteran's claims for service connection for a sleep disorder due to OSA or psychiatric conditions, including PTSD, MDD and insomnia. The examination is required to provide opinions on the etiology of the Veteran's sleep disorders.

The Veteran's claims for higher ratings and a TDIU have been remanded due to procedural issues. The initial rating for unspecified depressive disorder prior to May 21, 2019 was denied, while the claim for major depressive disorder from that date has been granted at 70%. The lumbosacral strain claim was also denied prior to May 21, 2019 and the degenerative arthritis of the lumbar spine and IVDS claim was granted at 20% effective May 21, 2019. The radiculopathy of the right lower extremity claims were both granted with a 20% rating from October 23, 2020. The TDIU claim prior to July 11, 2014 was denied.

The Veteran's service-connected disabilities, including PTSD and depression, have rendered him unable to secure or follow substantially gainful employment.

The Board has reopened the Veteran's claims for service connection for right knee disorders, lumbar spine disorder, and respiratory disorder. The cases are remanded for further development including obtaining VA examinations to determine the nature and etiology of these conditions.

The Board has granted service connection for right shoulder disability and obstructive sleep apnea. The Veteran's current right shoulder pain is considered to have started during his military service, and the Board found that there was a causal relationship between his in-service injury and his current condition.,Service connection for obstructive sleep apnea has also been granted. The Board noted that the Veteran displayed symptoms consistent with the onset of sleep apnea during his active service and continuously thereafter.

The Veteran's lumbosacral strain is granted a 40 percent rating from March 4, 2009 to November 24, 2019. The claims for service connection of vision problems, joint pain in bilateral wrists and hands, and stomach condition (gastric ulcer) are remanded.

The Veteran's claim for a separate compensable rating for tinea pedis was denied, and the Board remanded his sleep apnea service connection claim due to insufficient medical opinion.

The Veteran's claim for a compensable rating for erectile dysfunction was denied, and his claim for service connection for obstructive sleep apnea (OSA) is remanded.,The VA examiner found that the Veteran's OSA is less likely than not related to his service-connected conditions or medications used to manage them.

The DIC claim is denied as the Veteran did not meet the statutory duration requirement for a 100% rating at the time of his death. The cause of death remanded due to insufficient evidence regarding the relationship between the Veteran's service-connected conditions and his death.

The Board has remanded the case for further development due to discrepancies in the VA examinations regarding the number and location of the appellant's scars. The appellant is seeking higher ratings for his service-connected residual scarring.

The Board has granted service connection for a back disability, including lumbosacral strain with osteoarthritis, degenerative disc disease of the lumbar spine and diffuse idiopathic skeletal hyperostosis. The Board found that the Veteran's current back disability is related to his active duty service.

The Board has remanded the cases for further development due to incomplete medical opinions regarding service connection. The Veteran's claims will be reconsidered after these additional examinations are completed.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service and grants entitlement to service connection for this condition.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and low back disability due to insufficient medical opinions regarding the onset of these conditions during or related to his military service. The VA must notify the Veteran about unsuccessful attempts to obtain a copy of his separation examination report, and seek an addendum opinion on the etiology of his low back condition and scoliosis, as well as his obstructive sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of in-service occurrence or a link to active duty service.

The Board has found procedural defects in the appeal and remands the case for several issues, including service connection for colon cancer, heart disease, and reopening of a lumbosacral strain claim.

The Board has granted service connection for bilateral hearing loss, but remanded the issue of service connection for obstructive sleep apnea due to insufficient evidence.