Sleep apnea decisions — 2023

The Board has determined that there was not substantial compliance with its remand directives for the claims of service connection for duodenal ulcer, gastroesophageal reflux disease (GERD), and sleep apnea. The Veteran's claims are being remanded to obtain addendum VA medical opinions addressing the nature and etiology of his claimed conditions.

The Veteran's claims for service connection for tinnitus, asthma, and obstructive sleep apnea (secondary to PTSD) have been remanded due to the need for additional evidence and medical opinions.

The claim for diabetes mellitus type II due to herbicide exposure was denied as the Veteran did not serve in or near the Korean DMZ during the relevant period. The claims for acquired psychiatric disorder, sleep apnea, right shoulder disability, right knee disability, left knee disability, and low back disability are all remanded for further development.

The Veteran's appeal is remanded for additional examinations and to obtain medical records. The issues of entitlement to service connection for a skin condition, perianal abscess, and bilateral hearing loss are also remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is related to in-service snoring and/or morning headaches. The Veteran will need additional examination or opinion.

The Veteran's brain cancer is granted service connection due to presumed exposure to herbicide agents in Vietnam. The claims for sleep apnea, lung nodules, asthma, and GERD are denied as there is no evidence linking these conditions to his military service or herbicide agent exposure.

The Veteran withdrew his appeal for service connection of sleep apnea, and the Board dismissed this issue.

The Board has denied the Veteran's claims for service connection for low back disability, bilateral lower extremity radiculopathy, and bilateral leg/knee pain. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his right lower extremity radiculopathy, left lower extremity radiculopathy, or right knee condition.,For his left hip conditions, he was granted a 10 percent rating for limitation of extension and no other ratings were granted. The Board found that the evidence did not support a higher rating for his generalized anxiety disorder.

The Veteran's low back disorder and gynecological disorder have been granted service connection, with the gynecological disorder receiving a 30% disability rating.

The Veteran was granted a TDIU effective February 19, 2014, due to his service-connected disabilities.,Basic eligibility for Chapter 35 DEA benefits was also granted effective February 19, 2014.

The Veteran's sleep apnea is remanded for further examination and opinion regarding its onset in service, whether it is related to his service-connected PTSD, and if it is related to herbicide exposure during service.

The Veteran withdrew his appeal for service connection for sleep apnea before the Board could make a decision.

The Board has granted the Veteran's request to readjudicate her previously denied claim of service connection for a back disability, and has determined that she is entitled to service connection for lumbosacral strain and spinal stenosis.

The Board has remanded the service connection claims for neck, back, hip, knee, and acquired psychiatric disorders due to incomplete records. The Veteran's STRs do not reflect injuries sustained in November 1996 during a rappelling exercise.

The Veteran withdrew their appeal of the denial of service connection for sleep apnea prior to a decision being made.

The Board has granted earlier effective dates of March 1, 2021 for the awards of a TDIU, establishment of basic eligibility for DEA under 38 U.S.C. chapter 35, and SMC based on housebound status due to service-connected disabilities.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea.

The appeal pertaining to the issue of entitlement to a rating in excess of 10 percent for tinnitus is dismissed.,The appeals for ratings in excess of 40 and 60 percent for diabetes mellitus, type II with associated erectile dysfunction and diabetic nephropathy are denied.,The claim for service connection for obstructive sleep apnea due to exposure to herbicide agents is remanded.

The Board has remanded the claims for lumbar spine disability, RLE and LLE peripheral nerve disorders, and OSA due to duty-to-assist errors.