Sleep apnea decisions — 2023

The Board has denied the Veteran's claims for service connection for left knee disability, right knee disability, and sleep apnea as there is no current evidence of these conditions.

The Veteran's asthma is rated at 30% due to FEV-1 of 2.6 percent predicted and FEV-1/FVC of 99 percent, which does not meet the criteria for a compensable rating. Service connection for sleep apnea is granted as it began during active service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder (PTSD). The Board found that there was not sufficient medical evidence to support a finding of secondary service connection.

The Veteran has withdrawn his appeals regarding the ratings for lumbosacral strain, right and left lower extremity femoral nerve peripheral neuropathy, and right and left lower extremity sciatic nerve peripheral neuropathy.

The Veteran's OSA is rated at 50 percent, and he is granted TDIU based on his service-connected disabilities. The decision also notes that a remand is required to correct pre-decisional duty to assist errors regarding the bilateral knee disabilities.

The Board has remanded the claims of service connection for bilateral heel spurs, sleep apnea, and hypertension due to pre-decisional duty to assist errors.

The Veteran's sleep apnea is not due to or the result of his service-connected tinnitus, but the Board finds that it may be aggravated by his service-connected tinnitus. The case is being remanded for an addendum opinion from a VA examiner.

The Veteran's claim for ischemic cardiomyopathy was reopened and granted based on evidence showing a current disability, in-service injury, and a nexus between the two.,Service connection for bilateral sensorineural hearing loss was denied as there is no evidence of current hearing loss meeting VA criteria.

The Board has decided that the Veteran's service connection claim for sleep apnea should be remanded due to a lack of medical evidence and an incomplete review.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD, and he is assigned a 50% rating since May 27, 2014.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to a lack of consideration of potential toxic exposure risk activities (TERA) and obesity as an intermediate step between a service-connected disability and the Veteran's diagnosed condition.

The Board has remanded the claims of service connection for a prostate disorder and obstructive sleep apnea due to insufficient medical opinions regarding their etiology.

The Board has decided to remand the claim of service connection for a lower back condition due to incomplete service treatment records and duty-to-assist errors. The Veteran's STRs from his period of ACDUTRA service appear incomplete, and further attempts should be made to obtain these records.

The Veteran's appeal is dismissed for the vision disability issue. The claims of service connection for tinnitus, left knee disability, erectile dysfunction (secondary), obstructive sleep apnea (secondary), fatigue disorder (Gulf War service), nasal condition, cervical spine disability, lumbar spine disability, gastrointestinal condition (due to Gulf War service), and headaches are all remanded due to the need for additional examinations or opinions.

The Board denied service connection for sleep apnea as it was not incurred in or aggravated by service, and there is no medical evidence linking the condition to a service-connected disability.

The Veteran's application to reopen his claim for service connection of obstructive sleep apnea has been granted. The Board finds that the claims for service connection of a dental condition and skin condition must be remanded due to inadequate examination findings.

The Board has withdrawn the claim of entitlement to service connection for a neck disability. The Veteran's obstructive sleep apnea is granted as service connected, with the issue remanded for additional development.

The Board has decided to remand the Veteran's claims for headaches, low back disability, and sleep apnea due to incomplete service treatment records and insufficient evidence regarding the onset or etiology of these conditions. The Veteran is requested to undergo VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has remanded the Veteran's claims for bilateral knee and lumbosacral spine disabilities due to insufficient medical nexus opinions. The Veteran is expected to provide updated treatment records, and addendum opinions are needed regarding the nature and etiology of his claimed disabilities.

The Veteran's claim for service connection for tinnitus has been granted. The claims for bilateral hearing loss, left foot bone sprain, residuals of a left foot ganglion cyst removal, depressive disorder other than PTSD, low back disorder, sinusitis, radiating right lower extremity pain, sleep disorder (to include sleep apnea), and migraine headaches have all been remanded due to the need for additional development.