Sleep apnea decisions — 2023

The Veteran's PTSD was granted a 100% rating for the period prior to April 12, 2017. The issue of TDIU for the period prior to February 12, 2016 is dismissed as moot due to his concurrent TDIU award based on PTSD. SMC under 38 U.S.C. § 1114(s) was denied for the period prior to July 27, 2016.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that it did not have its inception during service nor is causally related to an in-service disease or injury, and was not caused by his service-connected psychiatric disability.

The Board has remanded the Veteran's claims for service connection for sinusitis and obstructive sleep apnea due to insufficient medical opinions. The Veteran is presumed to have current sinusitis, which may be related to his active duty service, but there is no clear evidence of a direct link between his current sleep apnea and service.

The Veteran's appeal is being remanded for further examination and opinion regarding his sinusitis, onychomycosis, and sleep apnea. The issues of rating excess of 10 percent for chronic maxillary sinusitis, compensable rating for onychomycosis, and service connection for sleep apnea are all remanded.

The Veteran's LLER was granted a 40 percent rating as of September 12, 2020. Prior to this date, the claim for an increased rating was denied.,A 60 percent rating for asthma was granted as of September 12, 2020. The Veteran's BHL is assigned a non-compensable rating.

The Board has remanded the cases for further examination and opinion regarding service connection for headaches, sleep apnea, right shoulder disability, and left shoulder disability. The Veteran's current chronic headache condition began in, and has continued since, active service.

The Board has decided that the Veteran's claims for sleep apnea and thoracolumbar spine disability should be remanded due to insufficient evidence, including lack of records prior to 2009. The Board also requested additional opinions regarding whether obesity caused by service-connected conditions is a substantial factor in causing these disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is related to his in-service symptoms and complaints.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, an initial compensable disability rating for sialoadenitis status post partial parotidectomy, and an initial disability rating higher than 10 percent for degenerative joint disease of the left knee. The AOJ is required to obtain further examination and opinion regarding these claims.

The Board has determined that there was not substantial compliance with its prior remand directives and has therefore ordered the case to be returned for further development, specifically requesting additional medical opinions regarding the Veteran's obstructive sleep apnea.

The Veteran's back disability is rated at 20 percent effective October 27, 2021. The rating was increased from a previous 10 percent prior to that date.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea, leading to its dismissal.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's OSA is related to his in-service exposure to Agent Orange.

The Board has remanded the cases for additional development due to inadequate responses to prior remands. The Veteran's OSA and joint pain claims are being reviewed again.

The Board has decided to remand the Veteran's claims for additional development, including obtaining VA medical records and providing information about the qualifications of the VA examiners who examined him.

The Veteran's current sleep apnea is a continuation of the condition he experienced in service, and the Board has determined that it is related to his active duty. Service connection for sleep apnea is granted.

The Board has granted service connection for the cause of death, finding that the Veteran's service-connected obstructive sleep apnea contributed substantially to his death.

The Board has remanded the case due to a need for a retrospective opinion regarding the Veteran's back disability during flare-ups in 2016.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for a new VA examination.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's OSA disability is related to his military service, and thus grants service connection for OSA.