Sleep apnea decisions — 2023

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to an invalid submission of a Decision Review Request and the need to issue a Statement of the Case.

The Board has remanded the Veteran's claims for service connection for OSA and an acquired psychiatric disorder, including PTSD. The claims are being returned to VA for further development.

The Board has decided to remand the case due to inadequate examination and failure to address whether service-connected disabilities are causing or aggravating the Veteran's obstructive sleep apnea.

The Board denied the Veteran's claims for service connection for lumbar spine disability, obstructive sleep apnea, and gastrointestinal condition. The Board found no evidence of an in-service injury or disease that caused these conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his symptoms began during active duty and are related to his military service.

The Board has dismissed the appeals for obstructive sleep apnea and TDIU as the Veteran's representative withdrew the appeal prior to a decision.

The Veteran's service-connected disabilities, including persistent depressive disorder, sleep apnea, lumbosacral strain, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on these service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his military service, resolving reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to inadequate VA opinion and requests for a new examination.

The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claim for service connection for PTSD. The Veteran's sleep apnea is granted as related to his active service. The claims for bilateral hip conditions are remanded due to a failure to obtain potentially relevant private treatment records.

Your appeals for increased ratings and service connection have been dismissed due to the Veteran's death. The Board has no jurisdiction to proceed with these matters as he passed away while your appeal was pending.

The Board has decided to remand the case due to a need for additional medical examination and opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Veteran's sleep apnea is granted as service-connected.,Service connection for a left sciatic nerve condition is denied due to lack of evidence of current disability and no medical nexus found.,Service connection for headaches is remanded due to insufficient opinion regarding causation or aggravation by medication.,Service connection for allergy conditions is remanded due to insufficient opinion regarding onset in service or relation to service.,Service connection for a left knee condition is remanded due to insufficient opinion regarding proximate cause and/or aggravation by service-connected disabilities.

The Veteran's appeal for service connection for left hip disability and increased rating for a scar of the left upper extremity has been withdrawn.,Service connection for sinus condition, OSA, and acquired mental health condition including PTSD have been denied. The Veteran is granted an increased rating for bilateral hearing loss but not higher than 50 percent for his acquired mental health condition.,The Veteran's right knee and left knee scars are rated at 20 percent each, with no higher ratings due to lack of chronic residuals. Service connection for heart condition, erectile dysfunction, skin condition (trichophytosis/eczema/fungus), and TDIU is remanded.,Service connection for a heart condition, erectile dysfunction, skin condition, left shoulder rotator cuff tear, right shoulder degenerative arthritis and tear of subscapularis, and TDIU due to service-connected disabilities are also remanded.

The Veteran's back disability is denied as not related to service. The rating for gout, degenerative arthritis, and calcaneal spur of the left foot remains at 30 percent. Sleep apnea is granted with a 50 percent rating prior to June 22, 2020, but denied for higher ratings. Service connection for chronic sinusitis and bilateral hearing loss are remanded.

Service connection is granted for rhinitis, sinusitis, tinnitus, and sleep apnea.,The Veteran's child (B.C.) was recognized as his helpless child for VA benefits purposes on the basis of permanent incapacity for self-support prior to attaining age 18.

The Board has decided to remand the case due to an inadequate VA examination for lumbosacral strain, and a need for further evaluation of the Veteran's condition.

The Board has determined that the VA examination provided in January 2020 is inadequate and requires an addendum opinion to address whether OSA had its onset during service, if it is related to PTSD, and if it is aggravated by PTSD. The Veteran's claim for service connection for OSA remains pending.

The Board has granted service connection for right and left knee disabilities, as well as gastrointestinal tract disability (to include hemorrhoids and/or fissures).,Service connection is also granted for lumbosacral strain and initial evaluation of left lower extremity radiculopathy.

The Board has decided that the Veteran's sleep apnea is related to his military service, including conceded in-service herbicide exposure. However, due to a pre-decisional duty-to-assist error, the case is remanded for further examination and opinion.