Sleep apnea decisions — 2023

The Board has previously remanded the claim for a new records-based examination to review treatment records and address changes in the Veteran's back condition. The February 2023 examiner did not provide useful evidence as they failed to review subsequent treatment records and evaluate the disability for the interval subsequent to October 2015. The Board is therefore remanding the claim for a new records-based examination by an examiner other than those who previously failed to comply with the remand orders.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for obstructive sleep apnea. The issue of whether the Veteran's obesity was caused or aggravated by his service-connected PTSD and/or knee and foot disabilities is remanded.

The Veteran's OSA with COPD was denied increased ratings, as his symptoms did not meet the criteria for a higher rating.

The Board has remanded the cases for further development and consideration due to insufficient medical opinions regarding the etiology of the appellant's obstructive sleep apnea and right arm numbness.

The Veteran's claim for residuals of a pilonidal cyst and scars associated with it has been granted. The claims for an acquired psychiatric disorder, sleep apnea secondary to that disorder, eczema, and low back disability have been remanded.

The Veteran's bilateral tinnitus, BHL disability, OSA, and TMJ disorder with bruxism were all granted service connection.,All issues on appeal have been resolved in the Veteran's favor.

The Board denied service connection for liposarcoma of the right thigh, finding no evidence linking it to service or secondary to a service-connected condition. Service connection was also denied for TDIU due to unemployability caused by multiple service-connected disabilities.

The Board has reopened the claims for service connection for various conditions, including right knee, left knee, right ankle, left ankle, cervical spine, low back, sleep apnea, and post-concussion syndrome. The appeals are now remanded to further develop evidence related to these claims.

The Veteran's right knee disability, tinnitus, allergic rhinitis (presumed), and obstructive sleep apnea are all granted service connection. The specific nature of the other specified depressive disorder is denied.

The Board has remanded the claims for service connection for various lung conditions, atrial fibrillation, squamous cell carcinoma, lymphosarcoma, and lung cancer due to incomplete records and the need for medical opinions regarding their etiology.

The Board has remanded the case due to inadequate analysis in a previous VA expert medical opinion, and new evidence is needed to determine if the FVC value was caused by an acute viral illness or service-connected benign pleural plaques.

The Board has granted service connection for fatigue due to an undiagnosed illness and OSA, but denied service connection for sleep impairment as there is no separate condition found.

The Veteran's claim for an earlier effective date for SMC based on housebound criteria is denied as he did not meet the required schedular criteria or confinement conditions prior to June 5, 2015.

The Veteran's claims for earlier effective dates for PTSD, IBS, lumbosacral strain, and left cubital tunnel syndrome are denied as the earliest possible effective date allowable by law is May 15, 2018.,The Veteran's claims for increased ratings on multiple service-connected disabilities remain pending.

The Board has remanded the claims for service connection due to lack of new and material evidence for a left eardrum disability. The other issues are being remanded as well.

The Board has remanded the Veteran's claims for service connection for a left ankle disability and sleep apnea due to incomplete VA assistance in obtaining relevant medical records, particularly from the Methodist Hospital in Dallas, Texas. The Veteran is also required to provide authorization for VA to obtain her private treatment records.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further examination. The issues of ataxia, major depressive disorder with alcohol use disorder (in sustained remission), bilateral neuropathy of the feet, bilateral hearing loss, and obstructive sleep apnea will be addressed.

The Board has decided to remand the case due to inadequate VA medical opinions regarding whether the Veteran's service-connected PTSD caused or aggravated her obesity, which in turn may have contributed to her sleep apnea.

The Veteran's appeal is being remanded due to the addition of new evidence after the RO issued the December 2019 statements of the case. The issues on appeal include service connection for obstructive sleep apnea, ratings for right elbow/arm disabilities, and effective dates.

The Veteran's claim for service connection for lumbar spondylolysis and lumbosacral strain is granted. The Board found that the current disability is related to his military service.