Sleep apnea decisions — 2023

Service connection for hyperthyroidism, diabetes mellitus, and obstructive sleep apnea is granted. Service connection for hyperthyroidism is granted on a presumptive basis due to exposure to Agent Orange. Service connection for diabetes mellitus is granted on a presumptive basis due to the PACT Act. Service connection for obstructive sleep apnea is granted as it was incurred in service.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a digestive disorder to obtain additional medical opinions regarding their etiology. The issues are still pending.

The Board has determined that the evidence is in equipoise as to whether the Veteran's OSA is related to his service-connected depression, and therefore grants the claim for service connection.

The Board granted service connection for hypertension, finding that the Veteran's current condition is at least as likely as not related to in-service herbicide agent exposure.,There is no evidence of a current disability of tinnitus. The Veteran has not submitted medical or lay evidence showing the existence of this condition.

The Board has decided to remand the Veteran's claim for a disability rating in excess of 40 percent for lumbosacral strain due to incomplete compliance with previous remand directives and the need for additional medical examination.

The Veteran's claims for increased ratings for PTSD and service connection for sleep apnea are being remanded due to the submission of new evidence. The VA will review this evidence and issue a supplemental statement of the case if necessary.

The Veteran's claim for service connection for mononucleosis was denied in September 1995. New evidence received since then does not raise a reasonable possibility of substantiating the claim. The Veteran is granted an increased rating to 50% for headaches associated with TBI, but his claims for memory loss and cognitive impairment related to TBI, right upper extremity weakness secondary to stroke, and sleep apnea are denied.

The appeal for service connection of sleep apnea is dismissed due to the appellant's death.

The Board has decided to remand the case for further development and opinion regarding the nature, etiology, and aggravation of the Veteran's sleep apnea, including whether it is caused or aggravated by PTSD, post-service tobacco use, and obesity.

The petition to reopen the claim of entitlement to service connection for sleep apnea is granted. The claim of entitlement to service connection for sleep apnea is remanded.

The appeal for a disability rating in excess of 20 percent for degenerative changes of the thoracolumbar spine is dismissed.,Two issues on appeal are remanded: entitlement to an initial disability rating in excess of 30 percent prior to April 23, 2013, and in excess of 50 percent therefrom for obstructive sleep apnea; and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to October 1, 2020.,The issue of an earlier effective date for the award of service connection for obstructive sleep apnea is denied.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claim for service connection for headaches to include as secondary to an acquired psychiatric disorder has been reopened, but the Board finds that there is not sufficient evidence to establish service connection.,Service connection for PTSD was denied due to lack of a current diagnosis.

The Board has decided that the Veteran's service-connected coronary artery disease may have aggravated his obstructive sleep apnea, and thus remanded for further evaluation.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically his in-service symptoms and conditions.

The Board has granted an effective date of January 25, 2007, and no earlier for the award of a total disability rating based on individual unemployability (TDIU). The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment as of that date.

The Board denied service connection for left ear hearing loss and obstructive sleep apnea, finding no evidence of current disabilities meeting VA standards or a causal relationship to service.

The Board has denied the Veteran's claims for service connection for right shoulder, right arm, sleep, and bilateral foot disorders. The VA examiners found no evidence of a relationship between these conditions and his active duty service or exposure to toxins at Camp Pendleton.,There is insufficient evidence to establish that any of the claimed disabilities are related to service.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative arthritis was denied, and the case is remanded due to an unclear decision on TDIU.

The Board has remanded the cases for further development and examination to determine the etiology of the Veteran's sleep apnea, assess the severity of his PTSD and left knee tendonitis, and provide opinions regarding service connection.