Sleep apnea decisions — 2023

The Veteran's sleep apnea was not incurred in service and is denied.,The Veteran's allergic rhinitis is presumed to have existed prior to service, but the evidence does not show it was aggravated by service.

The Veteran's service-connected disabilities did not render him physically or mentally unable to engage in substantially gainful employment prior to December 11, 2018. Therefore, TDIU is denied.

The Veteran's service connection claims for COPD, OSA, bilateral hearing loss, tinnitus, CAD, and hypertension are all granted.,Service connection is also granted for right knee disability.

The Veteran's lumbar spine disability is rated at 20 percent, but the most recent VA examination found no limitation of motion. The right lower extremity radiculopathy is rated at 10 percent.,The Veteran's TDIU claim is remanded as he has a combined rating of 80% from April 13, 2023.

The Board has remanded the cases of service connection for Crohn's disease and OSA due to potential exposure to toxic exposures in service, including those related to burn pits. The Veteran will be afforded VA examinations to determine if these conditions are related to his service.

The Board has reopened the previously denied claim and granted service connection for obstructive sleep apnea as secondary to a service-connected condition.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted because the evidence shows that his OSA began during active service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected allergic rhinitis, resolving all reasonable doubt in favor of the Veteran.

The Veteran's appeal is remanded for further evaluation of his service-connected conditions, including obstructive sleep apnea and persistent depressive disorder with PTSD and bipolar disorder. The TDIU claim is also remanded.

The Board has remanded the claims of service connection for sleep apnea and heart disorder due to insufficient evidence in the July 2022 decision. The RO is required to obtain VA medical opinions to clarify the Veteran's diagnoses, assess whether his right knee disability caused or aggravated his obesity, and determine if his sleep apnea and/or heart disorder are related to his service-connected right knee disorder.

The Board has dismissed the appeal for entitlement to service connection for bilateral knee disabilities due to a grant in full of the benefits sought. The Veteran's claim for PTSD is denied as he does not have a diagnosis of PTSD or an acquired psychiatric condition other than Major Depressive Disorder with anxious distress.

The Board has decided to remand the claim for service connection of sleep apnea due to additional contentions provided by the Veteran.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar degenerative joint disease with history of lumbosacral strain/sprain prior to November 5, 2019 and TDIU prior to January 30, 2023 due to insufficient evidence. The Veteran will need additional VA examinations to determine the severity of his disability.

The Board has remanded the Veteran's claims due to inadequate opinions regarding his sleep apnea and secondary service connection for allergic rhinitis, GERD, degenerative disc disease of the lumbar spine, and migraines. The Veteran will need more contemporaneous examinations.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service, particularly given his deployment in Southwest Asia during the Gulf War. The VA needs to obtain a specific opinion on this issue.

The Board has remanded the Veteran's claim for service connection for sleep apnea, to include as secondary to service-connected disability(ies), due to inadequate VA medical opinion and failure to obtain all relevant treatment records.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD), finding that the Veteran's PTSD aggravated his sleep apnea.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD and awarded service connection for neck and low back conditions on a direct basis.,Obstructive sleep apnea is now considered service-connected, with the primary cause being linked to PTSD. Neck and low back disabilities are also recognized as having originated during active duty.

The Veteran's lumbosacral strain, tension headaches, right knee strain, and cervical strain are all granted as service-connected.,Service connection is also established for rhinitis and left wrist sprain. Groin rash was denied.

The Board has remanded the case due to a need for additional development, including obtaining complete service records and scheduling a VA examination to determine if the Veteran's current sleep apnea is etiologically related to TERA(s) during active service, including his conceded exposure to contaminated water at Camp Lejeune.