Sleep apnea decisions — 2023

The Board has denied the Veteran's claims for service connection for a low back condition, rhinitis, urinary tract infection (UTI)/cystitis, and flank pain. The claim for bronchitis is remanded.,Service connection was not granted as there is no evidence of an in-service injury or disease that caused current disabilities.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new medical opinion to determine the etiology of the lower back pain.

The Board has dismissed the claim of entitlement to service connection for femoral neck fracture, right hip as moot due to a full grant of benefits in October 2021. The back disability and obstructive sleep apnea claims are remanded.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his active military service and is related to his service-connected PTSD.

The Board has decided that a VA examination is needed to determine if the Veteran's sleep apnea is caused or aggravated by his service-connected GERD.

The Board has decided to remand the claim of service connection for sleep apnea due to a lack of medical opinion regarding its etiology.

The Board has determined that there is a pre-decisional error in not obtaining a medical opinion regarding the etiology of OSA, and thus the claim must be remanded for further action.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected PTSD.

The Veteran's effective date for service connection of sleep apnea is being remanded due to an error in the review system.

The Board has decided that the Veteran's claim for a higher rating for lumbosacral strain should be remanded due to outstanding VA treatment records not being associated with his claims file.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected orthopedic conditions, finding that there is at least a 50-50 balance of evidence in favor of this determination.

The Veteran's lumbosacral strain with degenerative disc disease, status post spinal fusion, is rated at 20 percent and denied for a higher rating. The ratings for radiculopathy of the left lower extremity (LLE) and right lower extremity (RLE) are also denied.

The Board has remanded the case due to deficiencies in the previous VA opinions and the need for an independent medical expert (IME) opinion regarding the nature and etiology of the Veteran's sleep apnea. The AOJ must obtain additional records, conduct necessary development, and request an IME opinion.

The Board has determined that the Veteran's obstructive sleep apnea should be remanded for a new VA examination to determine its relationship to military service and whether it is related to his service-connected PTSD. The PACT Act requires consideration of toxic exposure in this case.

Your appeals for service connection have been dismissed as the Veteran has withdrawn them.

The Veteran's service-connected conditions, including GERD and tension headaches, are granted with a 30 percent rating. Service connection is established for allergic rhinitis, maxillary sinusitis (chronic sinusitis), functional abdominal pain syndrome with abdominal pain/bloating, respiratory insufficiency with dyspnea, and restless leg syndrome.

The Veteran's claims for service connection have been granted, but the issues are dismissed as moot due to prior grant of benefits.,The Veteran's claims for treatment purposes under 38 U.S.C. chapter 17 for various conditions remain pending and will be remanded.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected diabetes mellitus, type II.

The Board has granted service connection for obstructive sleep apnea. The claims of service connection for glaucoma and headaches are remanded.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected respiratory disabilities, including chronic obstructive pulmonary disease (COPD) with history of bronchitis.