Sleep apnea decisions — 2023

The Board has determined that the VA Regional Office did not substantially comply with its remand directives and these claims must be returned for further development.

The Board has granted service connection for obstructive sleep apnea and nail fungus on the fingernails and toenails (onychomycosis) based on evidence showing these conditions were incurred during the Veteran's second period of active service.

The Board has remanded the case for further development and consideration of whether service connection for sleep apnea is warranted, including considering if it is secondary to a service-connected disability.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder.

The Board has remanded the case for further examination and opinion regarding service connection for various gynecological conditions, menstrual disorders leading to a hysterectomy, and fatigue including obstructive sleep apnea. The issues have been recharacterized based on the evidence of record.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and conflicting statements about in-service symptoms. The claims will be addressed again with additional medical opinions.

The Board has determined that further evaluations are needed for the Veteran's hip, lumbosacral spine, left knee, and tinea corporis disabilities due to incomplete examination reports. The claims of service connection for right and left hip disabilities, increased rating for lumbosacral strain with degenerative disc disease, increased ratings for left knee patellofemoral pain syndrome and instability, and a compensable rating for tinea corporis are being remanded.

The Board has remanded the case due to insufficient development of evidence regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected major depressive disorder.

The Board has dismissed the Veteran's appeals for service connection and rating of PTSD due to his withdrawal of these claims.

The Veteran's claims for service connection for type II diabetes mellitus and obstructive sleep apnea, both secondary to service-connected peripheral neuropathy, were denied. The TDIU claim is also remanded.

The Board has granted service connection for a lumbosacral strain with degenerative disc disease and degenerative joint disease, but the claim for TDIU is remanded due to lack of information from the Veteran's employer.

The Board has remanded this case due to inadequate VA opinions regarding the etiology of the Veteran's obstructive sleep apnea and its relationship to his service-connected PTSD.

The Board dismissed the appeals regarding reductions in disability evaluations and denials of higher evaluations for lumbosacral spondylosis, DDD of the lumbar spine, and radiculopathy of the left lower extremity.

The Board has remanded the Veteran's claims for service connection due to potential Gulf War exposure, and a new VA examination is needed to determine if his symptoms are related to active service.

The Veteran's initial disability rating of 20 percent for left lower extremity radiculopathy is granted prior to August 10, 2022. The appeal regarding the lumbosacral strain (low back disability), left knee strain, right knee strain, left knee instability, and right knee instability issues remains pending.

The Veteran's claims for service connection of a bilateral heel/foot condition, depression, and chronic sinus/allergy disorder have been granted. The right lower extremity disability associated with the lumbar spine has been remanded. Other issues remain pending.

The Board has denied service connection for hyperlipidemia (high cholesterol) due to the absence of a disability in and of itself. The case is remanded for further examination and evaluation regarding diabetes, hearing loss, psychiatric disabilities, and sleep apnea.

The Board has determined that additional development is needed to decide the Veteran's claim for service connection for a low back disability, as secondary to his service-connected Achille's tendon rupture, tinea pedis, and bilateral knee strain. The remand requires an addendum opinion from an appropriately qualified examiner.

The Veteran's claims of increased ratings for low back disability and bilateral femoral nerve radiculopathy are being remanded due to improper filing of the Notice of Disagreement (NOD).

Entitlement to an initial rating in excess of 30 percent for COPD with asthma prior to July 17, 2013 was denied.,Entitlement to a rating in excess of 50 percent for COPD with asthma and OSA prior to December 22, 2021 was denied.