Sleep apnea decisions — 2023

The Board has decided to remand the claims of service connection for sleep apnea and left foot injury due to a lack of VA examination, persistent symptoms, and an indication that they may be related to service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for sleep apnea and depression and anxiety disorder. The claims are now remanded for further development.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, sleep apnea, hypertension, and diabetes as secondary to the Veteran's claimed psychiatric condition due to a lack of verification of his reported service in Panama.

The Veteran's claims for service connection for lumbosacral arthritis and hernia have been reopened, but the Board has determined that additional evidence is needed to make a determination on these claims.

The Board has granted service connection for low back disability, neck disability, left arm disability, MDD, PTSD, and OSA. The conditions are all found to be related to the Veteran's active service.

The Board has granted service connection for left hip, back, and right knee disabilities. The conditions are deemed to be directly related to the Veteran's military service.

The Board has dismissed the Veteran's appeal regarding service connection for a right knee condition due to its grant in full. Service connection is granted for diabetes, sleep apnea, and hypertension. The issue of service connection for gout is remanded.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation prior to October 21, 2022. The Board has found that the evidence is in at least approximate balance and any remaining reasonable doubt is resolved in favor of the Veteran. TDIU is granted prior to October 21, 2022.

The Board has remanded the case due to a duty-to-assist error and additional development is needed, including obtaining an opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of herbicide exposure during his service and thus no presumption of exposure applies. The Veteran's diabetes mellitus, type II, is presumed to be related to his military service due to the PACT Act.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to his service-connected orthopedic disabilities and GERD.

The Veteran's service-connected back condition has rendered him unable to secure or maintain gainful employment, and the Board grants a TDIU based on this condition.

The Veteran's claims for service connection for an acquired psychiatric condition and a sleep disorder have been denied.,New evidence has not established a medical nexus between the Veteran's current conditions and his military service.

A non-initial disability rating of 50 percent for migraine headaches is granted, effective February 7, 2017.,From February 7, 2017 to January 22, 2020, a non-initial disability rating of 40 percent for lumbosacral strain and arthritis is granted. From January 23, 2020 forward, the Veteran's claim for an increased rating for lumbosacral strain is denied.

The Veteran's TDIU claim for the period prior to January 18, 2013 is granted. The service connection claim for sleep apnea is denied.

The Board has decided that the claim for service connection for obstructive sleep apnea (OSA) is remanded due to lack of substantial compliance with prior remand directives and potential PACT Act considerations.

The Board has remanded the case due to the need for additional medical opinions regarding whether the service-connected disabilities, including PTSD, sinusitis, asthma, rhinitis, IBS, CAD, right ankle disability, right knee disability, headaches, tinnitus, and left ear hearing loss, have caused obesity. The examiner should also assess if obesity is a substantial factor in causing sleep apnea.

The Board has remanded the Veteran's claims for service connection for various disabilities, including chronic sinusitis, rhinitis, CFS, sleep apnea, stroke residuals, lumbar spine disability, rib fractures with left hemithorax pain, arm and hand muscle/joint pain, tremors of hands, weakness and coordination issues of legs, and a left knee disability. The claims are remanded due to the need for additional evidence and medical opinions regarding exposure to burn pits during service.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims for right elbow, lumbar spine, sinusitis, vertigo, and asthma disabilities. The claims are being remanded to allow for further development.,VA will obtain all updated VA treatment records and ensure that any Community Care program records are associated with the file.

The Veteran's service connection claims for tinnitus, hearing loss, and sleep apnea are granted. The claims for hearing loss and sleep apnea are remanded.