Sleep apnea decisions — 2023

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed as he withdrew his appeal in August 2023.

Service connection for hypertension is granted due to the PACT Act. The motion to revise a decision on service connection for PTSD due to CUE is dismissed without prejudice. Service connection for major depressive disorder, posttraumatic stress disorder, and sleep apnea is remanded.

The Veteran's claim for service connection for migraines is granted. The Board finds that the evidence is at least in equipoise regarding the onset of the Veteran's migraines and their recurrent symptoms since his first period of active service, thus granting service connection.

The Veteran's hypercholesterolemia is not a disability for VA purposes, and there is no evidence of current hemorrhoids or bilateral shin splints.,Pending determinations on the right foot condition, gout, conjunctivitis of the right eye, facial injury, migraine headaches, left ankle condition, obstructive sleep apnea, and left knee condition.

The Board has granted service connection for Obstructive Sleep Apnea, finding that it is proximately due to the Veteran's service-connected diabetes mellitus.

The Board has remanded the Veteran's claims of service connection for cervical back condition, high cholesterol, sleep apnea, bilateral feet degenerative arthritis, and bilateral hand degenerative arthritis due to missing records from his Army Reserve service. The RO is instructed to verify any reserve service with NPRC and Army Reserve Personnel Center, obtain all relevant service treatment records, and seek out any outstanding VA or private treatment records.

The Board has remanded the Veteran's claims for service connection for respiratory disability, GERD, and OSA due to insufficient medical opinions regarding the onset of symptoms in service and their relationship to his military service.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, depression, and anxiety, has been reopened. Service connection is granted for tinnitus and RLE radiculopathy effective May 25, 2016. The claims for right-hand, left-hand disabilities, and bilateral hand conditions are remanded.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is related to service, and thus grants service connection for OSA.

The appeal for service connection for TBI, an acquired psychiatric disorder, migraine headaches, hypertension, and obstructive sleep apnea is dismissed. The Veteran's statements regarding her service in Southwest Asia are not credible.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea is denied because his initial claim was abandoned due to failure to submit a signed signature page within one year, and no new claims were submitted prior to August 16, 2011.

The Veteran's claim for an earlier effective date for migraines/headaches was denied as the earliest possible effective date is November 13, 2017.,Service connection for CFS and fibromyalgia were both denied due to lack of current diagnoses.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected bronchial asthma.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD, as well as the potential impact of obesity on his sleep apnea. The PACT Act applies to this case.

The Veteran's service-connected PTSD is found to be the primary cause of his obstructive sleep apnea, and he is granted service connection for this condition on a secondary basis.

The Board has remanded the claims for obstructive sleep apnea, liver disorder, and skin disorder due to inadequate examinations. The Veteran's claims are being returned for further development.

The Board has reopened the claim for service connection for hearing loss and granted service connection for GERD as secondary to service-connected disabilities. The claims for IBS, OSA, and increased rating for residuals of fractures of right fibula and right ankle with degenerative and posttraumatic arthritis are remanded.

The Board has remanded the case for a VA examination to determine if the Veteran's OSA is related to his service, specifically his exposure to burn pits. The current rating of 30% for headaches remains unchanged.

Your appeal regarding the service connection for obstructive sleep apnea has been dismissed because your claim was granted in an August 2023 rating decision.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected traumatic brain injury and for IBS as secondary to his service-connected major depressive disorder with generalized anxiety disorder.