Sleep apnea decisions — 2023

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from March 25, 2022. The Board found it factually ascertainable that the Veteran was unemployable due to his obstructive sleep apnea and other conditions.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected diabetes mellitus type II.

The Veteran's hypertension is granted as presumptively due to herbicide exposure. The issue of TDIU is dismissed as moot due to the combined 100% schedular rating for service-connected disabilities. Sleep apnea remains remanded.

The Board has determined that there are errors in the decision-making process regarding the service connection for sleep apnea and TDIU claims, necessitating a remand to gather more information and provide an adequate medical opinion.

The Veteran's appeal of service connection for sleep apnea is dismissed. The Board has remanded the claims of service connection for headaches and an acquired psychiatric disorder (including PTSD) due to a duty-to-assist error.

The Veteran's tinnitus is granted as service-connected.,Bilateral hearing loss does not meet VA criteria for a disability. The claim is denied.,Left knee disorder and right knee disorder are not shown to be related to military service. The claims are denied.,Low back disorder is not shown to be related to military service. The claim is denied.,Sleep apnea is not shown to be related to military service. The claim is denied.

The Board has found that there is not sufficient evidence to support the Veteran's claims for service connection for a low back disability, bilateral hearing loss, and obstructive sleep apnea. The Veteran's current diagnoses are not related to his active duty service.,Regarding arthritis of the left wrist, left knee, and ankles, the Board has found that there is insufficient evidence to determine if these conditions began during service or are otherwise related to an in-service injury.

The Veteran's claim for service connection for sinusitis is granted. The Board finds that the Veteran has a current diagnosis of sinusitis and was exposed to fine particulate matter during his service in Kuwait, which qualifies him for presumptive service connection under PACT Act provisions.

The Veteran's PTSD is granted as service connected. The Board has also remanded the issues of service connection for lumbar strain and unspecified sleep apnea due to insufficient medical evidence.

The Veteran's claim for service connection for sleep apnea as due to his service-connected major depressive disorder was denied in April 2017. The Board found that the effective date of April 29, 2016, is correct and cannot be earlier.

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's service-connected conditions, including bilateral interstitial fibrosis, diabetes mellitus, and sleep apnea. The issues include determining if the Veteran's diabetes is secondary to his service-connected condition and whether he had undiagnosed sleep apnea during service.

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for Obstructive Sleep Apnea and whether the Veteran's service-connected PTSD aggravates his OSA.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing VA medical records, lack of ankylosis evaluation, and potential unemployability.

The Board has granted service connection for sleep apnea, bilateral upper and lower extremity peripheral neuropathy, all secondary to the Veteran's service-connected PTSD with alcohol abuse disorder. The decision is based on evidence showing that obesity caused by the service-connected condition led to the development of sleep apnea, which in turn caused the peripheral neuropathies.

The appeal for service connection for right ankle fracture is dismissed as the March 2020 rating decision granted this condition.,Service connection for hypertension has been granted, with evidence showing it began in service and was related to active duty.,Service connection for lumbosacral strain has been granted based on a VA examination's opinion that the Veteran's condition either occurred or is caused by service.,Service connection for tinnitus has been granted due to credible reports of noise exposure during service.

The Board denied service connection for low back disability, obstructive sleep apnea, diabetes mellitus type II, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy. The reasons given were that the evidence did not establish a chronic disease during service or within one year of separation, and there was no causal relationship between these conditions and service.

The Board has denied the Veteran's claims for service connection for lumbosacral spine disorder, right lower extremity sciatic nerve disorder, and left lower extremity sciatic nerve disorder due to a lack of evidence linking these conditions to his military service.

The Veteran's claim for service connection for obstructive sleep apnea was reopened due to new and material evidence. The Board found that the Veteran had a current disability (OSA), in-service incurrence or aggravation of a disease (OSA), and a causal relationship between his OSA and his TBI, thus granting service connection.

The Veteran's obstructive sleep apnea and insomnia are related to his active military service, and the Board has granted service connection for both conditions.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during active duty and are related to his military service.