Sleep apnea decisions — 2023

The Veteran's service-connected dysthymia-persistent depressive disorder with anxious distress is rated at 70% effective April 29, 2015.,The Veteran's OSA is rated at 50% effective August 13, 2018.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a current disability and that any back pain experienced by the Veteran did not meet the criteria for a disability. The Board also found that the Veteran's in-service injury had resolved and that he did not have continuous symptoms since service.

The Board has remanded the Veteran's claims for service connection and rating of his skin conditions due to incomplete records from his active duty period.

The Veteran's petitions to reopen claims for service connection for left ear hearing loss, sleep apnea, and a sleep disorder other than sleep apnea have been granted. The appeals for increased ratings of asthma, right ear hearing loss, and carpal tunnel syndrome are remanded.

The claim for service connection of an acquired psychiatric disorder, headache disorder, sleep apnea, and left knee disability is remanded due to the need for additional development including obtaining medical records and conducting examinations.

The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.

The Board has decided to remand the case due to insufficient development of evidence regarding the Veteran's service-connected PTSD and its relationship to his obesity and obstructive sleep apnea (OSA). The VA needs to obtain an addendum opinion from a physician to address these issues.

The Veteran's claim for an increased rating for PTSD is dismissed as he withdrew his request. The effective date for service connection of PTSD is also dismissed.,New and material evidence has been submitted to reopen the claim of service connection for a lower back disability, which is now granted. OSA and CFS are also granted with specific effective dates.,The Veteran's left foot fracture and restless leg syndrome have received increased ratings, but their effective dates remain pending.,COPD claims were remanded due to factual disputes regarding the date of claim.

The Veteran's claim for obstructive sleep apnea is remanded due to the need for additional development, including obtaining his November 2020 diagnosis records and a recent sleep study results.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his claimed disabilities.

The Veteran's claim for sleep apnea is granted, and his claim for a lower back condition (claimed as Lumbar Strain, Low Back with spinal stenosis) is reopened. The issue of service connection for allergic rhinitis is dismissed.

The Board denied service connection for a lumbar spine disability and type 2 diabetes mellitus, both of which the Veteran contends were caused by herbicide exposure. The Board found no evidence of chronic low back symptoms during or immediately following service, and the Veteran's denial of recurrent back pain at separation is persuasive against his claim.

The Board denied service connection for various conditions, including sinusitis, bronchitis, asthma, bilateral pes planus, right ankle condition, left ankle condition, right leg condition, and left leg condition. The decision also noted that the Veteran's sleep apnea was not incurred in or caused by his active service.

The Board has remanded the cases due to new evidence being added since the last decision, and the Veteran requested a review by the AOJ.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory disorder and exposure claims. The case will be returned for further development, including obtaining additional treatment records and requesting an addendum opinion from a VA examiner.

The Board has denied service connection for bilateral hearing loss and remanded the issue of service connection for obstructive sleep apnea. The Veteran's claim for bilateral hearing loss was denied as he does not have a current disability, while his claim for OSA is pending due to insufficient evidence.

The Board has granted service connection for an acquired psychiatric disorder (characterized as PTSD) and sleep apnea. Service connection is also granted for the Veteran's right ankle, bilateral hip, and bilateral knee disorders. The appeals are remanded for further examination to determine etiology.

The Board has dismissed the Veteran's claims of service connection for an acquired psychiatric disorder and sleep apnea as they have been granted in previous rating decisions.

The Board has remanded the claims for service connection for sleep apnea, hypertension, and gastroesophageal reflux disease (GERD) due to insufficient opinions addressing whether these conditions are aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in previous examinations and evaluations. The issues include psychiatric disability, sleep apnea, headaches (including as a residual of TBI), digestive disability, and respiratory disability.