Sleep apnea decisions — 2023

The Veteran's bilateral hearing loss was manifested by hearing acuity of no worse than Level I in the right ear and no worse than Level III in the left ear. The claim for a compensable evaluation for bilateral hearing loss is denied.,The Veteran should be provided with a VA examination to determine if he currently has a TBI, and whether his other claimed disabilities are secondary to it. His current headaches may also be related to service, including his claimed head injuries and exposure to cannon and howitzer fire.,A VA examiner should provide an opinion on the relationship between the Veteran's sleep apnea and PTSD.,The Veteran's detached retina is remanded for further evaluation as a secondary condition to TBI.,The Veteran's left middle trigger/locked finger, right middle trigger/locked finger, left ring trigger finger, and right ring trigger finger are all remanded for further evaluation as secondary conditions to TBI.,The Veteran's sleep apnea is remanded for further evaluation as a secondary condition to PTSD.

The Board has decided to remand the case due to insufficient evidence for service connection of OSA, and a VA examination is needed to address the relationship between the Veteran's TERA exposure during active military service and his OSA.

The appeal for the claims of service connection for sleep apnea, low back scar, and disorders of the neck and bilateral ankle is dismissed. The appeals for service connection for a bilateral hip disorder, left hip scar, plantar fasciitis, a bilateral shoulder disorder, and right knee disorder are remanded.

The Veteran's appeal of entitlement to service connection for hypertension, a right arm disability, a right elbow disability, a left arm disability, a left elbow disability, a left foot disability, and a right hip disability has been dismissed.,The Veteran's acquired psychiatric disorder is granted with consideration of the benefit of the doubt. The issue of whether it was caused or aggravated by his service-connected right Achilles tendon disability remains at equipoise.

The Board has decided to remand the claims for service connection for sleep apnea, headaches, an acquired psychiatric disability (now depression), and chronic obstructive pulmonary disease due to inadequate medical opinions in previous decisions.

The Board has remanded the claim for a back disability due to insufficient rationale in the October 2023 VA examiner's opinion and incomplete medical records. The Veteran is seeking service connection for a back disability, but the current evidence does not support this claim.

The Veteran's OSA is being remanded for a VA opinion to determine if it is related to his service-connected PTSD, major depressive disorder, and generalized anxiety disorder. The examiner will also assess whether the OSA was aggravated by these conditions.

The Veteran's appeal is remanded for additional development to obtain relevant VA treatment records and to provide the Veteran with a psychiatric examination.

The Veteran's claims for service connection for sleep apnea and low back disability are being remanded due to procedural issues. The Board will issue a Statement of the Case (SOC) if he files a timely substantive appeal.

The Board denied service connection for obstructive sleep apnea, finding that the evidence did not support a link between the condition and service or any service-connected disability.

The Board denied service connection for various conditions, including right shoulder condition, left shoulder condition, left elbow pain, low back pain, left knee pain, and right knee pain. The Veteran's claims were not supported by the evidence of record.,Service connection was not granted as there is no persuasive medical evidence linking any of these conditions to service.

The Veteran's back disability was rated at 10 percent, and the Board denied a higher rating as his condition did not meet the criteria for a higher rating based on limitation of motion.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a link between his current condition and his military service.

The Board has determined that a new examination is necessary due to the inadequacy of the December 2021 examiner's opinion regarding the etiology of the Veteran's obstructive sleep apnea, which includes consideration of its relationship to service-connected PTSD.

The Veteran's service-connected disabilities, including generalized anxiety disorder with insomnia, migraine headaches, obstructive sleep apnea, and bilateral conjunctivitis, render him unable to secure or follow substantially gainful employment. The Board has granted entitlement to total disability based on individual unemployability (TDIU).

The Board has added new evidence to the claims file and is remanding the case for readjudication by the RO, as the Veteran requested.

The Board has found that further development is required to obtain outstanding records, including those from the Veteran's VA vocational rehabilitation program and her TDIU application for the period from May 2003 to October 2008. The case is being remanded for these purposes.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal. The Board has also remanded several other claims for further development and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete or missing service treatment records, and for additional development including VA examinations.

The Board has remanded the case for further development, including obtaining additional medical records and arranging a VA examination to assess the severity of the Veteran's lumbosacral strain. The TDIU claim is also pending and will be considered in conjunction with the increased rating claim.