Sleep apnea decisions — 2023

The Board has remanded the case for further development due to a lack of substantial compliance with prior remand directives. The Veteran's claim for service connection for joint pain, including low back, bilateral hips, bilateral knees, and right wrist, is being reviewed.

The Veteran's cervical spine, lumbar spine, right knee, left knee, and left forearm disabilities are related to his active military service.,The Veteran's gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) are caused by the Veteran's obesity, which in turn is caused by his service-connected depressive disorder and musculoskeletal disabilities.

The Veteran's lumbosacral strain with degenerative arthritis, left lower extremity sciatic nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy have been granted initial ratings of 40 percent each, effective April 18, 2018.

The Board denied service connection for low back disability, major depressive disorder, diabetes mellitus type II, hypertension, and obstructive sleep apnea. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries or diseases.,There was no indication of herbicide exposure, and the Veteran's diabetes mellitus type II did not manifest within one year from separation.

The Veteran's attorney withdrew the appeal for service connection for sleep apnea, leading to its dismissal.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's service-connected disabilities prevented him from obtaining or retaining substantially gainful employment prior to August 29, 2022.

The Board vacated part of its decision denying a rating in excess of 10 percent for service-connected DDD of the lumbosacral spine, and remanded it due to a lack of contemporaneous examination. The claim is now pending again.

Service connection for tinnitus is granted.,The Board has remanded the issue of service connection for obstructive sleep apnea, as it may be secondary to a service-connected condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a relationship between her current diagnosis and her military service or any service-connected condition.

The Board denied the Veteran's claims of service connection for sleep apnea, a back disorder, and fatigue disorder. The Board found that there was no evidence to support an in-service onset or relationship between these conditions and his military service.

The Board has remanded the claims for service connection for a respiratory disorder (sinusitis), an acquired psychiatric disorder (PTSD and depression), and obstructive sleep apnea due to outstanding VA treatment records, verification of in-service stressors, and additional medical opinions.

The Veteran's bilateral hearing loss is denied as there is no persuasive evidence that it began during service or is related to an in-service injury, event, or disease.,The Veteran's obstructive sleep apnea is remanded for a VA examination to determine if it had onset in, or is otherwise related to, active military service and whether it is caused or aggravated by the service-connected disabilities, including chronic pain from his service-connected knee and psychiatric disabilities.,The Veteran's right knee osteoarthritis and instability are remanded for appropriate examinations to determine their current severity with consideration of functional impairment on employability.,The Veteran's left knee osteoarthritis and instability are remanded for appropriate examinations to determine their current severity with consideration of functional impairment on employability.,The Veteran's depressive disorder is remanded for an appropriate examination to determine its current severity.,Earlier effective dates for the grant of service connection and ratings for the Veteran's left knee disability and depressive disorder are remanded as they may be related to his service-connected disabilities.,The Veteran's earlier effective date claims are inextricably intertwined with the increased rating issues.

The Veteran's service connection claim for obstructive sleep apnea is granted as the Board found reasonable doubt in favor of his claim, concluding that his current sleep apnea developed during his active duty service.

The Veteran's appeal for service connection for sleep apnea has been dismissed because the Veteran withdrew his appeal.

The Veteran's sleep apnea is not related to service or a service-connected disability, and the Board denied service connection for this condition.

The Veteran's appeal for service connection of sleep apnea syndromes has been dismissed due to the death of the appellant.

The Board has dismissed all pending appeals due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has denied service connection for OSA, Right Hip Disability, and Left Hip Disability as there is no evidence showing these conditions were incurred in or related to service.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected tinnitus.