Sleep apnea decisions — 2023

The Board denied the Veteran's claim for service connection for obstructive sleep apnea with use of CPAP therapy, to include as secondary to his service-connected migraines due to a lack of evidence supporting a causal relationship between these conditions.

The Board has remanded the case for a determination on an earlier effective date and increased rating for the Veteran's service-connected lumbosacral spine disability. The issues include resolving the Veteran's disagreement with his assigned effective date, as well as addressing his claim for an increase in his disability rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his in-service herbicide exposure. The VA needs to provide an opinion on this issue.

The Board denied the Veteran's claims for service connection for left foot plantar fasciitis, right foot plantar fasciitis, obstructive sleep apnea, insomnia, and asbestosis and/or any asbestos-related disability. The Board found that there was no evidence linking these conditions to service.

The Board has remanded the cases of service connection for headaches and sleep apnea due to inadequate examination reports. The Veteran's claims will be reviewed again with new medical opinions.

The Board has remanded the TDIU claim due to insufficient medical evidence of record and a need for a combined-effects medical examination. The Veteran's service-connected disabilities include major depressive disorder, obstructive sleep apnea, gout, lumbar intervertebral disc syndrome, left sciatic nerve impingement, right sciatic nerve impingement, hypertension, tinnitus, left upper lip scar, right thigh scar, left posterior thorax scar, and bilateral tinea pedis. The Veteran's TDIU claim is remanded to allow for a proper examination and evaluation of his employment impact.

The Veteran's migraines are rated at 50% from January 31, 2015.,The Veteran's sleep apnea is rated at 100% from January 31, 2015.,The Veteran's Addison's disease with hypothyroidism, hypotestosteronism, and growth hormone deficiency is rated at 60% from January 31, 2015.

The Veteran's service-connected acquired psychiatric disorder is found to have caused his sleep apnea, and the Board grants service connection for sleep apnea secondary to this condition.

The Veteran's service-connected disabilities rendered him unable to secure or follow any form of substantially gainful employment prior to January 25, 2021.

The Veteran's claims for a higher rating for lumbosacral spine spondylolisthesis with mechanical back pain and TDIU are being remanded due to the need for additional medical examination.

The Veteran's sleep apnea has been granted service connection, with a current rating of 70 percent.,Service connection for melanoma (claimed as a skin condition) has also been established.

The Veteran's claims for service connection have been reopened, and the Board has granted them. The issues of entitlement to service connection for obstructive sleep apnea (OSA), a respiratory disability (claimed as breathing disorder, to include asthma), and a bilateral foot disability are remanded.

The Board has remanded the case due to a need for clarification regarding whether OSA is caused by or aggravated by service-connected psychiatric disability, including any medications for such disability.

The Veteran's degenerative disc disease of the lumbosacral spine is granted as secondary to service-connected PTSD.,The Veteran's prostate cancer and associated residuals are granted based on in-service exposure, with the benefit of doubt given.,Service connection for tinnitus is denied due to lack of a causal relationship between the condition and service.

The Veteran's sleep apnea, acid reflux, and heart disorder (hypertensive heart disease) are granted as secondary to his service-connected PTSD with alcohol use disorder and cannabis use disorder. The Veteran is also granted a TDIU.

The Veteran's service-connected disabilities, including lumbosacral strain and left shoulder strain with degenerative joint disease, have rendered him unable to secure or follow a substantially gainful occupation. A separate 30 percent rating for depression as a manifestation of his service-connected conditions is granted.

The Board has denied the Veteran's claims for service connection for GERD and OSA, finding that there is no evidence to support a nexus between these conditions and his military service or any service-connected disabilities. The case is being remanded to obtain an opinion regarding whether the Veteran's OSA was aggravated by his service-connected psychiatric disorder.

The Veteran's service connection claims for obstructive sleep apnea, migraine headaches, and chronic fatigue syndrome have been granted. The claim for chronic fatigue syndrome is remanded due to the need for a VA medical opinion.

The Board has decided to remand the case due to inadequate examination reports and failure to substantially comply with previous remand directives. The Veteran's sleep apnea is being reviewed again for a proper opinion on its etiology.

The Veteran's claim for Total Disability Based on Individual Unemployability (TDIU) from March 27, 2014 to May 12, 2014 is denied because there was no factually ascertainable increase in disability or change of employment status within the applicable time frame.