Sleep apnea decisions — 2023

The Veteran's claim for a higher rating for his psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) is granted. The appeal for a higher rating for his lower back disability is dismissed due to the Veteran withdrawing his appeal prior to the Board decision.

The Board has remanded the cases for additional development and examination, as new evidence was received that reopened the Veteran's service connection claim for a low back condition. The other issues remain on appeal.

The Veteran's claim for service connection for sleep apnea secondary to his coronary artery disease was denied. The Veteran's claim for a higher rating for his coronary artery disease, which had already been granted in the past, was confirmed and set at 60 percent effective from October 16, 2019.

The Veteran's lumbar strain disability is granted service connection. Service connection for sleep apnea, tinnitus, right knee disability, cervical spine disability, right shoulder disability, and left shoulder disability are denied.

The Board has decided to remand the case due to duty-to-assist errors and the need for a VA examination regarding the Veteran's sleep apnea, including exposure to burn pits during service.

The Board has dismissed the appeal as the appellant requested to withdraw all BVA appeals that are currently pending at the BVA.

The Veteran's claim for a rating in excess of 10 percent for right knee degenerative joint disease and meniscal tear is dismissed. The claims for service connection for restless leg syndrome are remanded.

The Veteran's claim for an increased rating for left ankle sprain was dismissed. Service connection for MDD and PTSD was granted, but service connection for lumbosacral strain was denied.

The Veteran's claim for an increased rating was received on July 16, 2018. The Board denied the request for an earlier effective date as there is no evidence of a prior claim filed before November 14, 2017.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of service connection for a left knee condition.

The appeal for service connection of sleep apnea is dismissed due to the appellant's death.

The Board has decided to remand the Veteran's claims for service connection for OSA, right shoulder disorder, CFS, and migraines due to a lack of VA examinations addressing the etiology of these conditions. The AOJ is required to provide clarifying medical opinions on remand.

The Board denied the Veteran's claims for service connection for lumbar spine disorder, skin condition (also claimed as rash on arms), and residuals of ganglion cyst excision, bilateral wrists.,There is no persuasive evidence that any of these conditions were incurred or aggravated by active service.

The Board has granted service connection for obstructive sleep apnea, finding that the condition had its onset during active service and is related to the Veteran's in-service head injury.

The Board has granted service connection for headaches, right upper extremity numbness, left upper extremity numbness, and obstructive sleep apnea (based on secondary aggravation) due to the Veteran's service-connected psychiatric disorder. The issue of an increased rating for depressive disorder with anxiety prior to May 7, 2020 is dismissed.

The Board has denied the Veteran's claims for service connection for respiratory condition, diabetes, high blood pressure, sleep apnea, and impotence as there is no evidence showing these conditions were incurred or aggravated by service. The Board found that the current diagnoses are not related to service.

The Board has remanded the cases for further development and examination to determine if service connection can be established for tinnitus, a prostate disability, or a sleep disorder.

The Board has remanded the case due to inadequate medical opinions regarding the onset and relationship of the Veteran's diagnosed lumbosacral strain to his active duty service.

The Board has determined that the current opinion regarding service connection for OSA is inadequate and requires further examination to address all theories of entitlement, including secondary service connection.

The Board has remanded the claims for sleep apnea, lower back condition, and bilateral flat feet due to incomplete VA treatment records and the need for additional medical opinions.