Sleep apnea decisions — 2023

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no persuasive evidence that OSA was incurred in or otherwise attributable to service.

The Board has found that new and relevant evidence has been received to reopen the claims for service connection for PTSD, asthma, migraine headaches, and sleep apnea. The Veteran's asthma is now granted.

The Veteran's service connection for obstructive sleep apnea has been granted.,For the entire initial rating period, a 30 percent rating for cervical disc disease is granted.

The Veteran's IBS is granted a rating of 30 percent for the period on appeal. The service connection claims for hypertension and OSA are remanded due to duty-to-assist errors.

The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his service-connected lumbosacral strain, finding that the evidence did not support an award of such.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not present during service or related to his service-connected PTSD. The decision is based on the lack of evidence linking OSA to service and the opinion of a VA examiner who concluded that OSA was less likely caused by PTSD.

The Board has remanded the case due to inadequate VA examination opinions regarding whether the Veteran's obstructive sleep apnea is related to his military service or secondary to his service-connected disabilities.

Service connection is granted for right shoulder strain, right hip arthritis, ingrown toenails on both big toes, bronchitis, sleep apnea, and hypertension.,The claim of service connection for coronary artery disease is also granted.

The Veteran's obstructive sleep apnea was incurred during active duty service and the Board has granted service connection for this condition.

The Board has remanded the Veteran's claims for hypertension, obstructive sleep apnea, and insomnia disorder secondary to service-connected conditions due to inadequate opinions from previous VA examiners. The issues are inextricably intertwined as they may be impacted by a decision on the other issues.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, effective August 10, 2022. The claim for TDIU is dismissed as the service-connected prostate cancer alone grants a 100% schedular rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Veteran's initial claim for higher ratings and earlier effective date for sleep apnea was denied. The Board also found that the Veteran is not entitled to a TDIU prior to November 4, 2014.

The Board has determined that a medical examination is necessary to determine if the Veteran's OSA is caused or aggravated by his service-connected musculoskeletal and psychiatric disabilities, including obesity. The examiner must also consider the impact of these conditions on the Veteran's sleep apnea.

The Board has denied service connection for left hip and right shoulder disorders due to a lack of current diagnoses. The Veteran's claims are remanded for further development regarding his bilateral ankle and lumbosacral spine conditions.,The Board has also remanded the issues related to the Veteran's left and right ankles, as well as his lumbosacral spine condition.

The Board has remanded the case due to non-compliance with previous directives and requires an addendum opinion regarding the Veteran's sleep apnea.

The Veteran's service connection claims for obstructive sleep apnea, acne (secondary to PFB), migraines, left foot disability, and left shoulder disability have been granted.

The Board denied service connection for unspecified anxiety disorder (claimed as posttraumatic stress disorder), hypertension, gout, right knee degenerative arthritis, left knee degenerative arthritis, sleep apnea, lower back DJD, neck disorder with pain and numbness down the hands, and COPD. The cases are remanded for further examination and opinion regarding these conditions.

The Veteran's claim for service connection for bilateral hearing loss was denied in February 2018, but the Board finds no new and relevant evidence to warrant readjudication.,Service connection for migraines is granted. The Veteran's medical records confirm a diagnosis of migraine headaches, which he asserts began during his deployment to Southwest Asia. A private clinician opines that the Veteran's migraines are at least as likely as not related to his service exposure.,The effective date for PTSD is denied as it was received on April 24, 2019, after a Supplemental Claim was filed in June 2019. The Board finds no earlier effective date due to the timing of the claim and receipt of evidence.,Service connection for sleep apnea is granted with an initial 30% rating from June 4, 2019. The Veteran's claim for a higher rating was denied in January 2020 but later increased to 50%. The Board finds no earlier effective date due to the timing of the claims and receipt of evidence.,Service connection for fatigue (including chronic fatigue syndrome) is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for gastrointestinal symptoms (including irritable bowel syndrome) is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for left ankle disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for right foot disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.,Service connection for left foot disability is remanded as new evidence has not been received since an unappealed February 2018 rating decision.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD with unspecified depressive disorder.

The Veteran's claim for TDIU was denied as he did not meet the schedular criteria. The issue of service connection for sleep apnea is remanded due to a duty-to-assist error.