Sleep apnea decisions — 2023

The Veteran's hypertension is granted as a result of the PACT Act, which presumes service connection for hypertension due to herbicide exposure.,Service connection for sleep apnea secondary to PTSD is granted. The Veteran's hypertension secondary to sleep apnea remains in dispute and will be remanded.

The Veteran's claim for higher ratings for lumbosacral intervertebral disc displacement is being remanded due to the need for additional VA examinations and the potential existence of outstanding VA treatment records.

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine at or below 30 degrees, which is required for a higher rating under VA regulations.

The Board denied service connection for lumbar radiculopathy of the left lower extremity as it did not find a current diagnosis and insufficient evidence to support a claim.

The Veteran's appeal for increased ratings and TDIU has been withdrawn, resulting in the dismissal of both issues.

The Veteran's lumbosacral strain with IVDS is currently rated as 20 percent disabling from June 2, 2021. The Board has found that a higher rating is not warranted for this period based on the evidence of record.

The Board has remanded the claims for sleep apnea, muscle pain disability, and gastrointestinal disability due to presumed exposure at a burn pit during service. The Veteran's symptoms are related to his active duty service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current diagnosis to his military service.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, hypertension, and a bilateral leg disorder due to insufficient medical opinions. The Veteran is seeking service connection on a direct basis or as secondary to his other conditions.

The Veteran's claim for a sleep disorder is remanded due to inadequate previous VA examination and need for additional research on Gulf War exposure.,The Veteran's claim for a gastrointestinal disability is remanded as VA did not attempt to verify his Gulf War nerve agent exposure and needs further examination regarding the relationship between his service-connected PTSD and current symptoms.,The Veteran's claim for colorectal cancer is remanded due to inadequate previous VA examination and need for additional research on Gulf War exposure.

The Board has remanded the cases for further development to address the Veteran's claims for service connection for hypertension and sleep apnea, including considering a newly raised theory of entitlement related to obesity as an intermediate step in a causal connection.

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for headaches are remanded due to insufficient evidence supporting these claims.

The Board has dismissed the Veteran's appeals for service connection and rating issues due to his withdrawal of those claims. The TDIU claim was also dismissed as there is no evidence that an earlier effective date can be assigned.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to a lack of evidence showing a current disability. The issue of service connection for a psychiatric disorder secondary to hearing loss is remanded as it is inextricably intertwined with the denial of the primary claim.,Service connection for GERD, lower back disability, and sleep apnea (claimed as sleep disturbances) are all remanded due to insufficient medical opinions regarding their etiology.

The Veteran's hypertension is granted as service connected, and the case of sleep apnea is remanded. The PTSD rating remains in dispute.

The Board has dismissed all appeals as the Veteran died during the pendency of the appeal.

The Board has denied service connection for gastrointestinal condition, as the evidence does not support a direct or secondary relationship to service.,Service connection for obstructive sleep apnea and headaches are remanded due to insufficient opinions regarding their relation to PTSD.

The Board has remanded the Veteran's claims for a rating greater than 20 percent for lumbosacral strain and TDIU due to service-connected lumbosacral strain, specifically for the period from February 25, 2008, to December 20, 2010. The remand requires additional retrospective medical opinions regarding the severity of the Veteran's lumbar spine disability during this time frame.

The Veteran requested to withdraw her claims for arthritis, right foot, great toe; calcified pelvic phleboliths; blood clot in left jaw and teeth grinding, oral cavity, neoplasm buccal mucosa; and lumbar condition. As a result, these claims are dismissed.

The Board has ordered additional examinations and requested medical records for the Veteran's sleep apnea and heart disease claims due to insufficient evidence. The high cholesterol claim is denied as there is no current disability related to high cholesterol. The diabetes mellitus claim is denied because it did not manifest within one year of separation or is unrelated to service. The Board has ordered a VA examination for the Veteran's sleep apnea and heart disease claims.