Sleep apnea decisions — 2023

The Board has remanded the case due to a lack of recent VA treatment records and an unclear oxygen prescription, requiring further examination and evidence collection.

The Veteran's back disability is granted a 40% rating from April 29, 2016 to May 19, 2017. The right lower extremity nerve disability is denied any increase in rating during the same period.

The Board dismissed the claims of service connection for irritable bowel syndrome (IBS) and obstructive sleep apnea, sleep hypopnea.,The Board also dismissed the claim of service connection for gastroenteritis. The Board found that there is no evidence of a current diagnosis of gastroenteritis during the pendency of the claim.

The Veteran's hypertension is granted as presumptive under the PACT Act. The other conditions are not presumed and require direct service connection.,Service connection for right hip disorder, left hip disorder, and right upper extremity disorder (claimed as arthritis in joints) is denied.

The Board has determined that there have been issues with the development of records and opinions related to the Veteran's claims for service connection. The GERD, OSA, headaches, and BXO claims are all remanded for further development.

The Board has determined that additional development is needed to assist the Veteran with his claims, including obtaining relevant medical records and providing notice regarding military sexual trauma. The claims for service connection are being remanded.

The Veteran's claims for service connection for obstructive sleep apnea and an increased rating for his TBI are remanded due to the need for additional medical examinations.

The Board has remanded the claims for service connection for lumbosacral spine, right foot, and left foot disabilities due to a lack of VA examinations. The Veteran is required to undergo additional VA examinations.

The Veteran's claims for bilateral hearing loss and back condition are remanded due to the need for additional medical opinions.,The Veteran's claim for a psychiatric disorder is remanded as he has not been afforded a VA examination regarding his current diagnoses.,The Veteran's claim for erectile dysfunction/loss of reproductive organ is remanded because it is inextricably intertwined with his service connection claim for an acquired psychiatric disorder.,The Veteran's claim for obstructive sleep apnea is remanded as he has not been afforded a VA examination regarding his current diagnosis.,The Veteran's claims for bronchial asthma and COPD are remanded due to the need for additional medical opinions.,The Veteran's claim for a right shoulder disability is remanded because he has not been afforded a VA examination regarding his current condition.,The Veteran's claims for frostbite left foot, frostbite right foot, chronic mycotic infection bilateral feet, and bilateral foot disability are remanded due to the need for additional medical opinions.

The Veteran's claims for a higher rating and an earlier effective date for TDIU are being remanded due to the need for further VA examinations.

The Veteran's TDIU claim for PTSD from January 2, 2020 to July 1, 2020 was denied as his disability rating is already at the maximum schedular rating (100%) and he does not meet the requirements for a TDIU.

The Board has decided that the Veteran's claims for sleep apnea and a bilateral foot condition as secondary to his service-connected back condition must be remanded due to insufficient evidence.

The Veteran's appeals for service connection for sleep apnea, COPD, gout, hypertension, and diabetes have been remanded due to the need for additional development of evidence.

The Veteran's claim for a rating in excess of 30 percent for ischemic heart disease was denied. The case was remanded multiple times, but the Veteran was granted TDIU effective from August 10, 2022, and referred for extraschedular consideration prior to that date.

The Veteran's ratings for rosacea are being remanded due to the need for clarification regarding her use of systemic medications during specific periods.,The Board is seeking additional medical evidence to determine when the Veteran began using systemic medication therapy, and whether she used systemic medications during certain portions of the period of appeal.

The Veteran's petition to reopen his claim of service connection for sleep apnea was granted. Service connection for sleep apnea as secondary to service-connected depression is also granted.,Service connection for a stroke is remanded.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected allergies/chronic sinusitis. The Veteran needs to provide VA treatment records and a VA examination.

The Veteran's claim for a higher disability rating for migraine headaches, including those associated with obstructive sleep apnea, is denied. The current ratings are appropriate based on the frequency and severity of his migraines.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not meet the threshold requirements for TDIU and they do not render him unemployable.

The Veteran's left and right wrist disabilities, OSA, chronic sinusitis, and allergic rhinitis are all granted as service-connected.,Service connection is established for these conditions based on their in-service onset and the competent and credible statements made by the Veteran.