Sleep apnea decisions — 2023

The Board has decided to remand the case due to multiple VA examinations and addendum opinions, but did not provide a clear decision on service connection.

The Board has remanded the Veteran's claims for service connection for sleep apnea, traumatic brain injury (TBI), and glaucoma as secondary to his service-connected diabetes mellitus, type II with erectile dysfunction due to incomplete development and lack of a nexus opinion.

The Veteran's sleep apnea and fatigue are found to be secondary to his service-connected PTSD. The Board granted service connection for these conditions, but denied the claim for chronic fatigue syndrome.

The Veteran's claims for peripheral neuropathy of the bilateral lower extremities, GERD, and OSA have been reopened due to new evidence. Service connection is granted for these conditions.,Service connection for hypertension is granted on a direct basis as it is found to be related to in-service herbicide exposure.

The Veteran's appeals for service connection for obstructive sleep apnea and an initial rating greater than 20 percent for right foot chronic plantar tendonitis have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's service-connected disabilities did not render him incapable of employment prior to December 17, 2013. The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Board has remanded the case due to insufficient clarification of whether the Veteran's sleep disorders are related to service or if they are caused by his service-connected asthma. The VA examiner is required to provide a new opinion regarding these issues.

The Board has determined that the Veteran does not have current diagnoses of bilateral hearing loss, obstructive sleep apnea, or diabetes mellitus Type II for VA purposes. The Veteran's service treatment records and VA treatment records do not document any complaints, treatment, or diagnoses of these conditions.,VA medical opinions provided in October 2021 did not address whether the Veteran's claimed diabetes mellitus was aggravated by his service-connected PTSD.

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 his active duty service. The VA medical opinions provided were deemed insufficient to establish a nexus between the Veteran's in-service symptoms and his current diagnosis.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected PTSD and TBI caused or aggravated his obstructive sleep apnea (OSA). The VA needs to provide a new opinion on this issue.

The Veteran's appeals for service connection of a sleep disorder and an increased evaluation for his left knee have been dismissed due to the Veteran's withdrawal.

The appeal for a rating in excess of 10 percent for the service-connected lumbosacral strain with degenerative arthritis and IVDS is dismissed. The Veteran's representative requested to withdraw representation, which was granted by the Board.

The Veteran's back and left knee disabilities are granted as secondary to service-connected conditions, with the effective date being fixed in accordance with the facts found.,Service connection for sleep apnea is granted as secondary to his service-connected PTSD.

The Veteran's claim of service connection for insomnia has been reopened, and the Board finds new and material evidence to support this claim. The earlier effective date claims are also remanded due to incomplete VA records and potential errors in record association.

The Board has denied service connection for a right knee disability and remanded the cases for further examinations. The Veteran's claims for increased ratings are also being remanded.

The Veteran withdrew his appeal regarding the claim for service connection for sleep apnea.

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis and lumbosacral strain, secondary to the Veteran's service-connected left knee total replacement. The right knee disability issue is remanded due to inadequate examination reports.

The Board has remanded the case due to issues related to the appellant's eligibility for reimbursement of expenses associated with the last sickness and burial of the Veteran. The remaining service connection claims are inextricably intertwined with this issue.

The Veteran's claims for service connection have been remanded due to new and material evidence received. The issues of service connection for psychiatric disorders, sleep apnea, fatigue, cardiovascular disorder, right hip disability, and right shoulder disability are being reviewed.

The Veteran's acquired psychiatric disorder, to include depression, is granted.,Service connection for tinnitus and bilateral hearing loss are both established. The Veteran also has service-connected obstructive sleep apnea.,Right shoulder disability, right heel spur, and right knee condition (secondary) have been granted.,Service connection for a right knee condition remains pending as it was remanded.