Sleep apnea decisions — 2023

The Board has decided to remand the case due to a lack of proper consideration of the Veteran's lay statements and service treatment records, which may indicate an in-service onset or relationship to his current condition.

The Board has decided to remand the case due to inadequate pre-decisional examination and duty-to-assist errors, specifically regarding the relationship between the Veteran's service-connected PTSD and his diagnosed OSA.

The Board has determined that the Veteran's lumbosacral strain status post laminectomy is at least as likely as not related to his service, including heavy lifting and accompanying back pain during active duty.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea as secondary to his service-connected Posttraumatic Stress Disorder, finding that it is at least as likely as not caused by PTSD.

The Veteran's claim for service connection for right ear hearing loss is denied as he does not have a current disability.,For lumbosacral strain, the rating higher than 20 percent is denied. The Veteran has symptoms of pain and limited range of motion but no ankylosis or incapacitating episodes.,PTSD was rated at 30% prior to January 20, 2023, and at 50% thereafter. The claim for a higher rating is denied as the evidence does not show occupational and social impairment with reduced reliability and productivity.,The Veteran's residuals of TBI have been compensated by separate ratings and do not warrant an additional rating.

The Board has remanded the Veteran's claims of service connection for a bilateral wrist disability and sleep apnea due to incomplete development. The Veteran was not provided with adequate notice or scheduled for VA examinations.

The Veteran's claims for service connection for diabetes mellitus, hypertension, and sleep apnea are remanded due to potential exposure to PCBs while stationed at Fort McClellan. The right knee and left knee disability ratings are also remanded as the evidence is conflicting. The TDIU and SMC based on loss of use of the lower extremities claims are remanded in conjunction with the knee issues.

The Board has decided that the Veteran's sleep apnea is not caused by or aggravated by his service-connected PTSD, and thus denied service connection for this condition. The case is being remanded to obtain a new medical opinion.

The Board has denied service connection for sleep apnea, bilateral restless leg syndrome, bilateral ankle disability, and cerebrovascular disease. The evidence does not support a finding that these conditions began during service or are related to an in-service injury, event, or disease.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected PTSD caused or aggravated his obstructive sleep apnea.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea and a compensable rating for allergies due to incomplete medical records and the need for updated VA examinations.

The Board has determined that the Veteran's obstructive sleep apnea began during his active duty service and granted service connection for this condition.

The Board has reopened the claim for service connection of an acquired psychiatric disorder and remanded both the original claim and the OSA claim. The Veteran's claims are being remanded due to inadequate VA examination opinions and need for additional treatment records.

The Veteran's claim for a clothing allowance for menthol/M-salicylate topical cream and capsaicin cream is denied as there is no service-connected skin condition, and the creams do not cause irreparable damage to his outer garments.

The Board has decided to remand the case due to the need for further development, including obtaining a medical opinion regarding direct service connection and considering whether the Veteran's obesity caused or aggravated his sleep apnea.

The Veteran's service-connected disabilities have made it impossible for him to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's service-connected low back and lower extremity disabilities are found to have caused him to become obese, which in turn aggravated his obstructive sleep apnea and erectile dysfunction. As such, the Board has granted service connection for both conditions.

The Veteran's claims for service connection for sleep apnea and polycythemia are being remanded due to the need for additional medical examination to determine the etiology of his conditions, particularly whether they are related to his service-connected disabilities.

The Board has remanded the claims for service connection for recurrent hip and knee disabilities, as well as a recurrent lumbar spine disability and obstructive sleep apnea due to potential errors in the initial decision.

The Veteran's claim of service connection for bladder cancer is granted as a complete grant of the benefits sought on appeal.,New and relevant evidence has been received to establish service connection for sleep apnea, secondary to intermittent explosive disorder and unspecified anxiety disorder.