Sleep apnea decisions — 2023

The Board has determined that the Veteran's claims for service connection for Paget's disease and sleep apnea should be remanded due to the need for additional development under the PACT Act.

The Board has remanded the case due to the need for additional medical opinions regarding theories of entitlement not previously addressed in the record.

The Veteran's appeal is being remanded for further development to assess the severity of his service-connected lumbosacral strain and intervertebral disc syndrome.

The Board has granted the Veteran's claims to reopen for obstructive sleep apnea, lumbar spine disability, and headache. Service connection is now established for these conditions.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is directly related to his active duty service.

The Veteran's appeal for TDIU and SMC is remanded due to the need for further development, including a review of her employment history since March 2018 and an extraschedular evaluation of whether her service-connected migraine headaches alone prevent her from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran's diagnosed Obstructive Sleep Disorder (OSA) is secondary to his service-connected Posttraumatic Stress Disorder (PTSD) with depressive disorder, and thus grants service connection for OSA on a secondary basis.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no causal relationship between his current condition and his military service.

The Board has remanded the Veteran's claim for sleep apnea due to service and toxic exposure, requiring a new opinion on direct service connection and potential aggravation by PTSD.

The Veteran's claims for increased ratings for residuals of fracture of vertebra and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not support a higher rating based on current functional limitations.

The Board has remanded the Veteran's claims for low back disability, acquired psychiatric disorder (including depression and PTSD), gout, and obstructive sleep apnea due to potential theories of service connection not previously considered.,Additional evidence was submitted since the last SSOC, including VA treatment records from October 2020. The Board has also requested an addendum opinion on the nature and etiology of the Veteran's low back disability.

The Board denied service connection for sleep apnea, finding that the evidence does not support a link between the Veteran's military service and his current condition. The VA examiner concluded that the Veteran's sleep apnea is less likely than not caused by or aggravated by his service-connected ischemic heart disease.

The Board has decided to remand the case due to insufficient reasoning in the VA examiner's opinion regarding the etiology of the Veteran's sleep apnea. The examiner did not provide a clear rationale for whether the Veteran's service-connected bipolar disorder, obesity, or other conditions caused her OSA.

The Veteran's claims for reduced sense of smell, sleep disorder (obstructive sleep apnea), and hearing loss have all been denied. The Board found no evidence to support a current diagnosis or causal relationship between these conditions and service.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is related to his service, including his conceded toxic exposure risk activity (TERA), and whether it is secondary to his service-connected PTSD.

The Board has remanded the Veteran's claims for additional development due to his failure to appear at scheduled VA examinations. The claims will be reviewed based on the evidence of record.

The Veteran has withdrawn his service connection claims for pseudofolliculitis barbae and sleep apnea, leaving only the issues of service connection for bilateral hearing loss, tinnitus, and migraine headaches in the appeal.

The Veteran's appeal has been dismissed as she and her representative have withdrawn the appeals for service connection for left knee disability and obstructive sleep apnea.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if the Veteran's sleep apnea is related to his service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding no current diagnosis of the condition and that her symptoms were encompassed in her PTSD rating. The appeal was not about a presumptive exposure basis.