Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss, service connection for vertigo and an acquired psychiatric disorder (including PTSD, anxiety, depression, depressive disorder with pure dysthymic syndrome and severe anxious distress), and service connection for obstructive sleep apnea due to inadequate evidence or need for further development.

The Board has reopened the claim for service connection of OSA due to new and material evidence. However, it denied all other claims as there is no causal relationship between the conditions and service.

The Board has remanded the case due to a lack of consideration of certain evidence and need for a new medical opinion.

The Veteran withdrew his appeals regarding sleep apnea and loss of teeth, resulting in the dismissal of these cases.

The Board has determined that a VA examination is needed to determine if the Veteran's current sleep apnea diagnosis is related to his in-service symptoms.

The Veteran's OSA is found to be secondary to his service-connected bilateral knee disabilities, with obesity as an intermediate step.

The Board has granted service connection for ulcerative colitis, central sleep apnea, and DDD of the lumbar spine with IVDS. The evidence is at least in approximate balance as to whether these conditions began during or were aggravated by active service.

The Board has remanded the claims for a rating in excess of 20 percent for the service-connected low back disability and entitlement to a TDIU due to unresolved issues.

The Board denied service connection for sleep apnea, major depressive disorder, and right hip disability. The Veteran's claims were not supported by medical evidence linking the conditions to his military service.

The Board has remanded the Veteran's claims for service connection for asthma, OSA, insomnia, erectile dysfunction, restless leg syndrome of the right leg, and restless leg syndrome of the left leg due to additional development and medical inquiry.

The Board has decided to remand several issues related to the Veteran's service-connected conditions, including a higher rating for lumbar spine degenerative disc/joint disease and claims of service connection for coronary artery disease, diabetes mellitus, and sleep apnea. The decision also includes a request for an updated TDIU application.

The Veteran's appeal for increased ratings on multiple service-connected disabilities and TDIU has been withdrawn. The Board dismissed the appeals as the Veteran withdrew his claims.

The Veteran's bilateral knee disabilities are granted as directly related to his military service. The issues of blood clots in bilateral legs and obstructive sleep apnea have been dismissed due to the Veteran withdrawing from appeal.

The Board has granted service connection for obstructive sleep apnea and major depressive disorder as secondary to the service-connected obstructive sleep apnea. The decision is based on evidence showing that both conditions began during active service.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial of SMC based on aid and attendance and housebound status.

The Veteran's claims for service connection for a left hand fracture, back condition, gout, acquired psychiatric disorder, and sleep apnea have been denied. The claim for the back condition has been readjudicated.

The Veteran's claim for a higher rating for lumbosacral disability is being remanded due to an inadequate medical examination prior to the April 2019 decision. The examiner did not address the severity of flare-ups and radiculopathies, which are important factors in determining the appropriate disability rating.

The Board has decided that the Veteran's obstructive sleep apnea may be service connected due to in-service exposure to an herbicide agent or as secondary to a service-connected disability and/or resulting obesity. However, more evidence is needed to clarify these theories of entitlement.

The Veteran's appeal for service connection for sleep apnea has been dismissed as the Veteran requested to withdraw his appeal.

The Veteran's TDIU and DEA benefits are granted effective February 24, 2021. The effective date for the TDIU is based on his increased rating for PTSD filed on February 24, 2021.