Sleep apnea decisions — 2023

The Board has remanded the case due to insufficient discussion of whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD and/or other disabilities, including obesity caused by his knee disabilities.

The Veteran's combined disability rating is 100 percent from February 29, 2012. The RO denied entitlement to a TDIU prior to February 29, 2012, or based on a single service-connected disability.

The Board has remanded the case for additional development to determine if the Veteran's skin disorder other than cold urticaria is related to his service-connected idiopathic cold agglutinin autoimmune disorder or any in-service exposure.

The Board has remanded the Veteran's claims for sleep apnea and GERD, finding that additional development is needed to address whether his service-connected conditions caused or aggravated his obesity, which in turn may have contributed to his sleep apnea and/or GERD.

The Board has found the previous medical opinion inadequate and requires another addendum opinion to determine if the Veteran's headaches are proximately due to her service-connected obstructive sleep apnea or aggravated by it.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and restless leg syndrome due to a lack of VA examination or medical opinion regarding the relationship between these conditions and his military service, specifically diabetes mellitus and hypertension.

The appeals for whether new and material evidence has been received to reopen claims for service connection for left and right ear hearing loss have been dismissed.,The appeals for entitlement to service connection for colon polyps and psoriatic arthritis have been dismissed.,New and material evidence having been received, the claims for service connection for left and right knee conditions are reopened; to this extent only, the appeals are granted.

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

The Veteran's appeal for a higher rating for PTSD prior to December 30, 2019 is denied. A 50 percent rating, but no more, is granted for PTSD since December 30, 2019.

The Board has remanded the claims of service connection for a respiratory disability, including obstructive sleep apnea (OSA), and a low back disability due to inadequate opinions in the prior VA examinations. The Veteran's lay statements regarding continuous symptoms are considered.

The Board has remanded the case due to insufficient information regarding the Veteran's back disability, specifically his flare-ups and range of motion. The Veteran is seeking a compensable rating prior to March 8, 2018, and a higher rating thereafter.

The Board has remanded the issue of service connection for OSA due to a lack of substantial compliance with previous directives. The case is now back at the Board for further development and consideration.

The Board has remanded the case due to the need for additional development, including obtaining a VA addendum medical opinion regarding the relationship between the Veteran's sleep apnea and his in-service exposure to oil field smoke.

The Board has remanded the case due to insufficient medical opinion regarding whether sleep apnea is related to service-connected posttraumatic stress disorder.

The Board has decided to remand the case due to a lack of an examination that can determine if the Veteran's sleep apnea is related to his exposure to nerve agents in service. The examiner will need to assess whether it is at least as likely as not that the Veteran's sleep apnea was aggravated by his service.

The Board has remanded the issues of service connection for low back, left knee, right knee, residuals of left rib injury, sleep apnea, and bilateral foot disabilities due to additional evidence being added to the claims file.

The Board has remanded several issues related to service connection and rating for various conditions, including depression, knee degenerative joint disease, jaw fracture residuals, sleep apnea, migraines, eczema, bilateral hearing loss, tinnitus, right shoulder disability, bilateral ear disability, right hip disability, left hip disability, left ankle disability, and hypertension. The Veteran is asked to provide additional VA clinical documentation for review.

The Veteran's claims for an increased evaluation for PTSD and service connection for sleep apnea, to include as secondary to PTSD, are being remanded due to lack of substantial compliance with previous Board directives.

The Veteran's claim for a rating in excess of 60 percent for sleep apnea and asthma, with a history of bronchitis is denied. The current ratings are appropriate as the Veteran does not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD, and remanded the issues of service connection for a sinus condition and erectile dysfunction. The Veteran's TDIU claim is denied.