Sleep apnea decisions — 2023

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected PTSD caused or aggravated his obesity, which in turn contributed to his development of obstructive sleep apnea (OSA).

The Board denied service connection for sleep apnea as secondary to a service-connected lumbar spine disability, finding that the evidence did not support this claim.

The Board denied service connection for a right thumb disability and sleep apnea, finding no current diagnosis of these conditions and insufficient evidence to link them to service.

The Board denied the Veteran's claim for a TDIU prior to July 14, 2012, finding that he did not meet the schedular criteria and there was insufficient evidence to substantiate a reasonable possibility of unemployability due to service-connected disabilities.

The Veteran's appeals for increased disability ratings have been dismissed as the appellant requested withdrawal of all claims.

The Board denied service connection for obstructive sleep apnea, finding that it is not related to service or exposure to herbicide agents and is not caused by PTSD.

The Board has remanded the claims for service connection for hemorrhoids and obstructive sleep apnea due to new evidence submitted by the Veteran. The VA will conduct a new examination to determine if there is a link between these conditions and service.

The Board has remanded the claims for an initial rating higher than 10 percent for lumbosacral strain prior to February 14, 2019 and a rating higher than 20 percent for lumbosacral strain beginning February 14, 2019 due to inadequate examinations.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his other specified trauma and stressor disorder with cocaine and alcohol use disorder.

The Veteran's appeals for increased PTSD rating, service connection for sleep apnea, and TDIU have been dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims as they are now moot.

The Veteran's TDIU claim is granted, with the effective date being January 14, 2021.,The Veteran's initial compensable rating for bilateral hearing loss prior to January 12, 2021, and a rating in excess of 40 percent from that date onwards are both remanded.

The Board has remanded the case due to inadequacies in the January 2017 VA examiner's opinion and the need for further development, including a VA examination.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the cases of obstructive sleep apnea, dental condition, hypertension, left eye disability, low back disability, esophageal hernia, and cervical spine disability.

The Board has decided to remand the case due to insufficient examination opinions regarding service connection for sleep apnea, its relationship to service-connected cephalgia and insomnia, and obesity. The Veteran's claim will be reviewed again with additional development.

The Veteran's service connection claim for obstructive sleep apnea is granted. The hearing loss rating issue is remanded.

The Veteran's lumbosacral strain is rated at 40 percent from August 25, 2020 to November 2, 2022. Prior to that date, the condition was rated at 10 percent.

Service connection for an acquired psychiatric disorder, including depressive disorder, is granted.,Service connection for obstructive sleep apnea and migraine headaches are also granted as secondary to service-connected back disability.

The Board has determined that the Veteran's GERD and OSA claims must be remanded for further development, including a VA examination to determine their etiology.

The Board has dismissed the appeals for service connection and rating for COPD, hypertension, anxiety disorder, and OSA due to the Veteran's death.

The Board has granted service connection for the Veteran's OSA as secondary to his already service-connected disabilities, resolving all reasonable doubt in favor of the Veteran.