Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for service connection for acquired psychiatric disorder, sleep apnea, and gastroesophageal reflux disease due to outstanding development needs.

The Board denied service connection for obstructive sleep apnea (OSA) as the evidence does not support a link to military service or service-connected excessive daytime sleeping.

The Board has remanded the claims for bilateral hearing loss, obstructive sleep apnea, and diabetes mellitus type II due to inadequate VA examination opinions. The Veteran should be afforded new examinations to determine the nature and etiology of his conditions.

The Board has decided to remand the case due to insufficient etiology opinions regarding whether the Veteran's obstructive sleep apnea is related to service, especially his service-connected PTSD and/or allergic rhinitis.

The Board has granted the Veteran's petition to reopen her claim for service connection for obstructive sleep apnea and has determined that she is entitled to this benefit based on evidence showing a current disability related to service.

The Board has remanded the Veteran's claim of entitlement to service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities due to insufficient rationale in the March 2023 VA examiner's opinion and the need for additional development.

The Board denied service connection for a lower back disorder and a headache disorder, finding that the Veteran's current conditions are not related to his military service.,There is no evidence of chronicity or continuity of symptomatology upon which the Board may rely. The Veteran's current diagnoses do not meet the criteria for presumptive service connection under 38 C.F.R. § 3.317.

The Board has remanded the following issues for further development: service connection for obstructive sleep apnea, hypertension, diabetes mellitus type II, neuropathy of the bilateral upper and lower extremities, and an acquired psychiatric disorder (other than PTSD). The Veteran's current diagnoses are being evaluated to determine if they had onset during his periods of active duty or were caused by a service-connected disability.

The Board has determined that additional relevant VA treatment records and VA examination reports need to be considered before a final decision can be made on the Veteran's claims of entitlement to increased ratings for major depressive disorder, service connection for obstructive sleep apnea, gastrointestinal disorder, and erectile dysfunction.

The Veteran's initial compensable disability evaluation for service-connected bilateral hearing loss was denied. The Board found that the Veteran's bilateral hearing loss manifested by hearing acuity no worse than Level II in the right ear and no worse than Level I in the left ear, resulting in a noncompensable disability rating under Diagnostic Code 6100.

The Veteran's appeal for an initial rating in excess of 20 percent for a lumbosacral spine disability is dismissed due to the Veteran withdrawing the appeal.

The Board has remanded the Veteran's claims for service connection for bilateral plantar fasciitis, gastrointestinal disorder, sleep apnea, and obesity due to insufficient rationale in the VA opinions provided on remand. The claims are being returned for further development.

The Board has granted service connection for Traumatic Brain Injury and Obstructive Sleep Apnea as secondary to TBI. The Veteran's current diagnoses of these conditions are supported by the evidence, and the Board finds that his OSA is caused by his now service-connected TBI.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD with unspecified schizophrenia and other psychotic disorder. The appeal for service connection for diabetes mellitus, high cholesterol, a liver disorder, tinnitus, hypertension, septal infarct, a left foot disability, and a right foot disability has been dismissed due to the Veteran's withdrawal of his appeal.

The Board has granted service connection for GERD but has remanded the issues of residuals of a broken nose, obstructive sleep apnea, heart disability, bilateral pes planus, and low back disability due to inextricably intertwined issues.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his military service and does not meet the criteria for presumptive service connection under the Honoring Our PACT Act.

Service connection for chronic obstructive pulmonary disease (COPD) is granted. The Board also found that the Veteran's sleep apnea may be related to service, including exposure to diesel fumes, and could potentially be secondary to his COPD.

The Board has denied the Veteran's claim for service connection for GERD and has remanded his secondary service connection claim for lumbosacral strain and degenerative arthritis of the spine to include as secondary to left ankle osteoarthritis, residuals of shell fragment wound with fracture and strain left lateral malleolus.

The Veteran's essential hypertension, obstructive sleep apnea, and erectile dysfunction are all found to be secondary to his service-connected lumbar spine condition.,A rating of 20 percent is granted for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to inadequate medical opinion and the need for a VA examination considering total potential exposure through all applicable military deployments and synergistic, combined effect of all TERA.