Sleep apnea decisions — 2023

The Board has determined that the VA examiner's opinion in May 2020 is inadequate to adjudicate the Veteran's claim, as it did not address the Veteran's lay statements regarding his PTSD aggravating his sleep apnea symptoms and Dr. Frank's private opinion. The Board now requires a new addendum VA medical opinion to determine whether the Veteran's OSA was caused by or aggravated by his service-connected PTSD.

The Board has remanded the case due to uncertainty about whether OSA is caused or aggravated by the service-connected unspecified depressive disorder. The Veteran needs a VA examination to determine this relationship.

The Board has decided to remand the case for additional development and opinion regarding service connection for sleep apnea, including whether it is secondary to tinnitus. The Veteran's representative provided an additional private opinion in April 2023 asserting that service connection should be granted based on VAOPGCPREC No. 6-2003, which addresses whether service connection should be established for a tobacco-related disability or death on the basis that the disability or death was secondary to a service-connected mental disability that caused the veteran to use tobacco products. However, the Board finds it more appropriate to address this contention with consideration of obesity as an intermediate step.

The Board has remanded the case due to incomplete development of medical records related to the Veteran's lumbar spine disability. The Veteran is asked to provide signed releases for any private treatment records from Dr. S.G. and other practitioners.

The Veteran's intervertebral disc syndrome and lumbosacral strain were granted service connection. The issues of left lower extremity radiculopathy and right lower extremity radiculopathy are remanded for further examination.

The Board has remanded the Veteran's claims for additional development due to new evidence received and incomplete records from his service.

The Board denied service connection for vertigo and denied initial evaluations in excess of 10 percent for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right lower extremity radiculopathy. The appeal of sleep apnea was dismissed.

The Veteran's lumbosacral strain disability rating is being remanded for a new examination to assess the severity of her condition. The TDIU claim is also being remanded as the Veteran has not submitted the necessary forms and there is insufficient evidence to substantiate her claim.

The Board has denied the Veteran's surviving spouse's claims for service connection for irritable bowel syndrome, sleep apnea, right ankle condition, and arthritis of the left shoulder as DIC benefits because she remarried after his death.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and granted service connection for this condition.

The Veteran's OSA is remanded for a VA examination to determine if it is related to his service or secondary to any service-connected disability, including PTSD.

The Veteran's sleep apnea is granted as service-connected, effective February 27, 2019.

The Veteran's claim for service connection for sleep apnea has been granted due to the submission of new and relevant evidence, which established a link between his current condition and his active service.

The Board has denied service connection for sleep apnea and remanded the issues of initial compensable evaluation for tension headaches, service connection for hypothyroidism, and service connection for constipation (claimed as irritable bowel syndrome).

The Veteran's claim for service connection for sleep apnea secondary to PTSD is remanded due to a duty to assist error. The Board requests an examination and opinion regarding the onset, causation, aggravation, obesity, and relationship of sleep apnea to PTSD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.

The Board has remanded the claims of service connection for right and left knee conditions, as well as increased ratings for lumbosacral strain and left elbow strain with tendonitis. The Veteran's claims are pending further review.

The Board has remanded the claims for chloracne, colon cancer, Parkinson's disease, Hodgkin's lymphoma, left upper extremity peripheral neuropathy (secondary to Hodgkin's lymphoma), right upper extremity peripheral neuropathy (secondary to Hodgkin's lymphoma), left lower extremity peripheral neuropathy (secondary to Hodgkin's lymphoma treatment), and right lower extremity peripheral neuropathy (secondary to Hodgkin's lymphoma treatment).,The Board has also remanded the claim for rhabdomyolysis and AML.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected acquired psychiatric disorder (PTSD). The decision is based on the opinion of the Veteran's treating physician, who concluded that the Veteran's sleep apnea is more likely than not directly associated with his military-service-acquired PTSD.

The Board denied service connection for bilateral hearing loss, tinnitus, and some other conditions due to lack of evidence linking these disabilities to service.