Sleep apnea decisions — 2023

The Veteran's obstructive sleep apnea is associated with his service-connected PTSD and has been granted as secondary service connection.

The Board dismissed the appeal for service connection of benign prostatic hypertrophy, urinary incontinence and sleep apnea due to the appellant's request for withdrawal.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they allow him to engage in sedentary work that does not require significant physical exertion or prolonged standing.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to his military service.

The Veteran's claims for service connection have been granted on a secondary basis due to his service-connected back disability. The Board finds that the evidence supports the conclusion that the Veteran's hypertension is caused by his service-connected back disability.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, headaches, hypertension, sleep apnea, and psychiatric disorders, were denied as there was no evidence of a current disability or a link to service.

The Veteran's claim for service connection for inability to lose weight and obesity is denied. The Veteran's PTSD is granted an increased rating of 70 percent, but no higher. The Veteran's scars are rated at 10 percent. The Veteran's claims for dizziness, major depression, nausea, obstructive sleep apnea, and vomiting are remanded.

The Veteran's service connection for allergic rhinitis and obstructive sleep apnea is granted, but the claim for direct service connection of allergic rhinitis is remanded.

The Veteran's right knee strain, left knee strain, and lumbosacral sprain/strain are all found to be related to his active service.

The Board has remanded the case due to incomplete service records and inadequate examination, and will need to obtain additional medical opinions regarding the nature and etiology of the Veteran's sleep disorder.

The Board has remanded the case due to incomplete service records and inadequate examination, and will need to obtain additional medical opinions regarding the Veteran's sleep disorder.

The Veteran withdrew his appeal for service connection for sleep apnea before the Board could make a decision.

The Veteran's OSA was not manifested by the use of a breathing assistance device such as CPAP machine or result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, or require a tracheostomy prior to February 9, 2016. Therefore, a disability rating in excess of 30 percent is denied.

The Board has determined that new and relevant evidence has been received to reconsider the claim of entitlement to service connection for sleep apnea. The Veteran's symptoms, including snoring loudly during active service and sensations of choking, are being evaluated in conjunction with his current diagnosis of sleep apnea.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected PTSD or back disability. The appeal of entitlement to a total disability rating based upon individual employability (TDIU) prior to December 21, 2018 is dismissed due to the grant of TDIU in that timeframe.

The Veteran's claims for service connection for sleep apnea, IBS, left knee degenerative arthritis, and right knee degenerative arthritis are being remanded due to the need for additional medical opinions. The VA will schedule examinations to determine if these conditions are related to service or service-connected disabilities.

The Board has determined that the VA examinations are inadequate for rating purposes and has ordered a remand to obtain an addendum medical opinion.

The Veteran's claims for service connection of various disabilities, including right knee and bilateral hip disabilities, are being remanded due to the need for additional examinations. The claim for left wrist disability is reopened but denied.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected knee disabilities, with obesity as an intermediate step. Therefore, service connection for this condition is granted.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective April 15, 2011. The rating for right leg sciatica was granted at 20 percent as of September 20, 2019.