Sleep apnea decisions — 2023

The Veteran's lumbosacral spine disability is found to be related to his active duty service, and the claim for service connection is granted.

The Board has remanded the Veteran's claims of service connection for low back disorder, left knee disorder, right knee disorder, and cervical spine disorder due to a lack of treatment records and the need for additional medical opinions.

The Board has remanded the claims for service connection due to the Veteran not being afforded VA examinations, and additional development is needed.

The Veteran's claim for service connection for osteoarthritis and post-traumatic degeneration of the joints as secondary to a service-connected disability was denied. The Board found that new and material evidence had not been received, thus denying the application to reopen the previously denied claim. For lumbosacral spine intervertebral disc syndrome, the Veteran's initial disability rating in excess of 20 percent was also denied.

The Board has remanded several issues, including service connection for tinnitus and migraines, sleep apnea as secondary to sinusitis, hypertension, diabetes mellitus type II, erectile dysfunction, and bilateral hearing loss. The effective dates remain pending.

The Veteran's tremors are granted as service connected. The Board also found that the Veteran's sleep apnea is not secondary to his TMJ, but did not make a determination on whether it was related to service.

The Board has remanded the case due to insufficient analysis of the Veteran's lay statements and medical opinions regarding his sleep apnea, particularly in relation to service-connected fibromyalgia and exposure to burn pits. A new examination is required.

The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the Veteran's claim for a total disability based on individual unemployability (TDIU) as his combined rating of service-connected disabilities has been at least 100 percent throughout the appeal period, and he was not found to be unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has reopened the claims for service connection for diabetes mellitus, Type II and obstructive sleep apnea due to new evidence. The claim for skin cancer is remanded as well. Further development is needed to verify exposure to herbicide agents at Eglin Air Force Base.

The Board has remanded the claims for lumbosacral strain and bilateral foot disability due to potential incomplete service records and inadequate consideration of the appellant's lay statements in previous examinations.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected acquired psychiatric disorder, specifically PTSD, depression and anxiety. The decision grants this claim.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate opinions regarding his acquired psychiatric disorder, irritable bowel syndrome, sleep apnea (residuals of TIA/stroke), and impairment of visual acuity. The issues have been returned to the AOJ for further development.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it is not related to his service or any service-connected disability.

The Board has remanded the Veteran's claims for service connection due to insufficient verification of his periods of active duty, ACDUTRA, and INACDUTRA. The AOJ is instructed to identify these periods and obtain all outstanding service treatment records.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea had its onset during his military service or is otherwise directly related to such service. The examiner must review the claims file and provide a rationale for their opinion.

The Board has remanded the claim for sleep apnea due to insufficient compliance with previous directives, including a need for an opinion on whether the disability is aggravated by a service-connected psychiatric disability.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a nexus between his current diagnosis and an in-service injury or disease.

The Board has reopened the claim for service connection for obstructive sleep apnea due to new and material evidence submitted by the Veteran. The case is now remanded for a VA examination to determine if the condition is related to service.

The Board has granted service connection for bilateral sciatic pain, low back disability, bilateral knee disorder, bilateral ankle disorder, gastroesophageal reflux disease (GERD), and obstructive sleep apnea (OSA) based on the evidence showing these conditions are related to the Veteran's active duty service.