Sleep apnea decisions — 2023

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's sleep apnea, including whether it is related to service exposure and toxic exposures. The AOJ will also need to determine if the Veteran served in areas presumed to have burn pit exposure.

The Board has withdrawn the appeal for urinary voiding dysfunction and has remanded the issue of service connection for sleep apnea, which is currently pending.

The Board has remanded the cases for further development due to errors in obtaining service personnel records and failing to provide a VA examination.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder, finding that there is a causal relationship between the two conditions.

The Board has remanded the claims for cervical spine disability, lumbar spine disability, acquired psychiatric disorder (including PTSD and depression), and obstructive sleep apnea due to additional development being necessary.

The Board has decided to remand the case due to insufficient rationale provided by the VA examiner regarding the relationship between the Veteran's sleep apnea and his service-connected TBI with chronic headaches or PTSD with depressive, anxious, and psychotic features. The AOJ is instructed to obtain a new medical opinion addressing these issues.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including a VA examination for TBI and contemporaneous examinations for other disabilities.

The Veteran's claim for service connection for obstructive sleep apnea as secondary to coronary artery disease and/or hypertension is remanded due to the inadequacy of the March 2023 VA examiner's opinion. The Veteran also submitted evidence suggesting a possible association between hypertension and OSA, which was not adequately addressed by the examiner.

The Board has denied the Veteran's claims for service connection for throat, bilateral shin, sleep apnea, and acquired psychiatric disorder disabilities due to a lack of evidence showing these conditions were incurred in or due to his time in service.

The Veteran's service-connected disabilities did not render him unable to secure and maintain substantially gainful employment, as he was employed full-time in a protected work environment.

The Board has granted service connection for obstructive sleep apnea, finding that it originated during active service.

The Board has granted service connection for tinnitus and remanded the claims for bilateral hearing loss, OSA, and low back disability. Additional records development is needed to determine the nature and etiology of these conditions.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show ankylosis of the thoracolumbar spine, and there were no episodes of intervertebral disc syndrome requiring bed rest prescribed by a physician.

The Board has remanded the claims for service connection for left leg, right leg, and left foot disabilities due to insufficient evidence. The Veteran's sleep apnea and diabetes mellitus, type II, are denied as not related to his military service. Service connection for an acquired psychiatric disorder is also denied. The VA will schedule examinations to assess the current status of the Veteran's claimed disabilities.

The Veteran's claims for increased ratings and service connection were denied. The lumbosacral strain and lumbar stenosis are currently rated at 20 percent, which is the maximum schedular rating available under the General Rating Formula for Disease and Injuries of the Spine.

The Veteran's tinnitus and sleep apnea are granted as service connected. The remaining issues of right shoulder, low back, neck, left knee, costochondritis, and residuals of a traumatic brain injury (TBI) are remanded for further development.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder, finding that his sleep apnea is aggravated by his PTSD.

The Veteran's claims for service connection for PTSD and OSA have been granted, with the claim for PTSD reopening due to new evidence supporting a diagnosis of PTSD related to military sexual trauma (MST).

The Board has decided to remand the case due to the need for a supplemental opinion regarding the etiology of the Veteran's sleep apnea, including considering all potential exposures during service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD. The claim for increased rating of back strain remains pending.