Sleep apnea decisions — 2023

The Veteran's lumbar strain disability was previously rated at 10 percent, but from January 21, 2021, a higher rating of 20 percent is granted.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has decided to remand the case due to conflicting opinions on whether the Veteran's obstructive sleep apnea is related to service. A VA examination is needed to reconcile these opinions and determine if there is a link between the condition and service.

The Veteran's entitlement to service connection for sleep apnea has been granted. The issue of service connection for bilateral hearing loss is being remanded.

The Veteran's obstructive sleep apnea is being remanded for a new VA examination to determine if it is related to service, specifically his ankylosing spondylitis.

The Veteran's service-connected lumbosacral strain and associated radiculopathies have not prevented him from securing or following a substantially gainful occupation.

The Board has determined that more development is necessary to determine if the Veteran's sleep disorders, including sleep apnea and sleep arousal disorder, are related to his service. The case is being remanded for further examination and opinion.

The Board has remanded the case due to an inadequate VA examination, and a new retrospective opinion is needed to assess the Veteran's sleep apnea prior to April 15, 2018.

The Board has not fully complied with its previous remand directives regarding the issue of service connection for obstructive sleep apnea. The Veteran's claims are being returned to VA for further examination and opinion.

The Board has determined that there has not been substantial compliance with the March 2022 remand directives and the claims are being returned for further development.

The Board has remanded the case due to inadequate examination and new evidence regarding the Veteran's sleep apnea. The Veteran is seeking service connection for his sleep apnea, which he contends was caused by his active duty service or aggravated by his service-connected abdominal bowel obstruction.

The Veteran's spine disability and associated neurological manifestations are denied increased ratings, with the exception of a remanded matter for further examination.

The Veteran's claims for PTSD and diabetes mellitus were denied, but his claim for obstructive sleep apnea was granted. The decision also notes that the Veteran's erectile dysfunction claim is not supported by evidence of a link to service.

The Veteran's claim for service connection for sleep apnea has been granted. The claim for an initial disability rating of 70 percent, but no higher, for unspecified depressive disorder and other specified trauma and stressor related disorder is also granted.,A TDIU from March 30, 2015, the effective date of service connection for unspecified depressive disorder and other specified trauma and stressor related disorder, has been granted.

The Board has determined that the current negative nexus opinion is inadequate and requires a new examination to determine if OSA was caused by service, specifically in-service exposure to sand, dust, and vehicle exhaust fumes. The examiner must also address whether OSA is secondary to service-connected PTSD.

The Board has remanded the Veteran's claims for service connection due to incomplete development and deficient VA examination opinions. The case will be returned to ensure all necessary records are obtained and proper examinations conducted.

The Board has remanded the issues of entitlement to a TDIU from November 1, 2009 and entitlement to special monthly compensation under 38 U.S.C. § 1114(s)(1) from November 1, 2009 due to insufficient evidence on whether the Veteran is unemployable by reason of his service-connected disabilities.

The Board has determined that the Veteran's sleep apnea claim should be remanded for further development, including obtaining an addendum opinion to address whether her service-connected disabilities cause or aggravate her obesity and whether her obesity causes or aggravates her sleep apnea.

The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for service-connected chronic lumbosacral strain with degenerative disc disease and entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disability. The remand is needed because the VA examinations conducted during the appeal period were inadequate, and an additional examination is required.

The Veteran's hypertension is granted as a presumptive condition due to Agent Orange exposure. The claims for chronic sinusitis, skin disability, sleep apnea, and hiatal hernia are remanded for further evaluation.