Sleep apnea decisions — 2023

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether sleep apnea is secondary to service-connected MDD.

The Board has remanded the claims for cervical spine disability, bilateral ankle disabilities, and OSA due to inadequate VA examinations. The effective date of TDIU is inextricably intertwined with these service connection claims.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including those related to service connection for various conditions. The case is therefore being remanded.

The Veteran's tinea versicolor, rheumatoid arthritis, sinusitis, chronic fatigue syndrome, rosacea, and depressive disorder have been granted service connection. The rating for tinea versicolor is set at 10 percent.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during active service, resolving reasonable doubt in his favor.

The Veteran's vertigo is granted as secondary to his service-connected tinnitus. The initial compensable rating for hemorrhoids prior to April 20, 2019 has been granted. A 10 percent rating is assigned from April 20, 2019 onwards.,An effective date of January 28, 2014, is granted for the 40 percent disability rating for fibromyalgia. The Veteran's right knee disability and sinusitis are denied initial ratings in excess of their current ratings.

The Veteran's service-connected lumbosacral strain with degenerative spurring L1 and L2, along with associated bilateral lower extremity radiculopathy, is remanded for further evaluation. The TDIU claim is also remanded as it is inextricably intertwined with the back disability issue.

The Board has remanded the claims for service connection for heart disability, left knee disability, right ankle disability, OSA, and diabetes mellitus due to incomplete VA treatment records and lack of adequate medical opinions.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to active service or a service-connected disability.

The Board has remanded the claims for service connection due to insufficient opinions regarding the etiology of the claimed conditions and exposure history. The Veteran's diabetes mellitus, hypertension, ischemic heart disease, erectile dysfunction, PVD, and OSA are all being reviewed.

The Board has reopened the claims for service connection for left knee disorder, tinnitus, sleep apnea, and hypertension. Service connection is granted for these conditions.

The Board has remanded the case due to insufficient information regarding the Veteran's back disability, specifically concerning pain and neurological symptoms. The Veteran is required to undergo a new VA examination to provide this necessary information.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is related to his active duty service.

The Board has remanded the case for further development, including obtaining a medical opinion to address the nature and etiology of the Veteran's lumbar spine disability, which may be related to her service-connected right and left knee disabilities.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for cervical spine disability, OSA disability, and headache disability. The remand is due to incomplete or insufficient medical opinions in previous VA examinations.

The Veteran's appeal is remanded for further development on issues related to service connection and initial ratings for his diabetic peripheral neuropathy. The claim for bilateral hearing loss has been reopened, but the issue of a higher rating remains denied.

The Board has dismissed the appeals for service connection of sleep apnea, right elbow condition, left wrist condition, right knee condition, and lower back injury due to the Veteran's death.

The Veteran's claim for service connection of sleep apnea has been dismissed due to his death.

The Board has decided to remand the claim for obstructive sleep apnea due to insufficient medical opinions in a previous VA examination. The Veteran and his spouse have provided evidence suggesting that the current sleep apnea may be related to service-connected psychiatric disability, migraine headache disability, or obesity caused by the service-connected psychiatric disability.

The Board denied the Veteran's claims for service connection and secondary service connection for obstructive sleep apnea, finding that there was no evidence to support a relationship between his current condition and military service or any service-connected disabilities.