Sleep apnea decisions — 2023

The Board has decided to remand the case due to a need for additional evidence regarding when the Veteran's FEV-1 began to register at less than 40 percent post-bronchodilator, which is required for a 100 percent disability rating under Diagnostic Code 6602 prior to April 9, 2013.

The Veteran's left ear hearing loss and obstructive sleep apnea are granted as service-connected.,The issue of an initial compensable disability rating for right ear hearing loss is remanded.

The Veteran's service-connected disabilities, including his depressive disorder and bilateral foot injuries with arthritis, have prevented him from securing or following substantially gainful employment since May 28, 2014.

The Board has remanded the claims for service connection due to new evidence received since the last decision, including VA treatment records and examination reports. The AOJ should review all of this evidence before readjudicating the claims.

The Board has decided to remand the cases for further development due to inadequate evaluations of the Veteran's low back strain and COPD with OSA.

The Veteran's obstructive sleep apnea and headache disorder are granted as service-connected due to their association with his lumbar spine disability.,Service connection for an acquired psychiatric disorder is denied, as there is no evidence of a current diagnosis during the appeal period.

The Board has determined that the AOJ did not adequately address whether OSA and RLS are related to service-connected conditions. The case is being remanded for further development.

The Board has granted service connection for migraines as secondary to service-connected tinnitus. Service connection was denied for unspecified neurological disorder, sleep disorder/insomnia, and obstructive sleep apnea (OSA).

The Board denied the Veteran's claims for service connection for bilateral hearing loss and obstructive sleep apnea, including as secondary to PTSD. The evidence did not support a finding of a current disability or a link between the conditions and service.

The Board has determined that the Veteran's symptoms of a left clavicle condition are already being compensated by his service-connected left shoulder disability. The appeal for service connection for OSA and polycythemia is remanded due to inadequate medical opinions.

The Veteran's lumbosacral strain is now rated at 20 percent effective from December 31, 2019. His tension headaches are also rated at 30 percent effective from the same date.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The Board has remanded the case due to non-compliance with previous directives, including scheduling a VA examination for the Veteran's Obstructive Sleep Apnea (OSA) and its relationship to his service-connected Major Depressive Disorder (MDD).

The Board has remanded the Veteran's claims for service connection for COPD and sleep apnea due to potential toxic exposure during his military service. The Veteran was exposed to asbestos, JP-5 fuel, and other chemicals as a Boiler Technician.

The Veteran's cervical, lumbosacral, right knee, and left knee strains have been granted service connection.,A rating of 10 percent has been assigned for the Veteran's tinnitus.

The Veteran's service-connected lumbosacral strain and right knee disability are being remanded for further evaluation due to the significant period of time since his last examinations.

The Veteran's claims for service connection for right thigh, left thigh, right calf, and left calf disabilities are being remanded due to the need for further development.,Service connection is not granted for obesity, hypercholesterolemia, rosacea, or colon and intestinal condition (claimed as rectal bleeding) on a direct basis.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. Service connection is granted for OSA, but denied for a neck condition. The Veteran's PTSD is associated with his sleep apnea, which in turn may be related to obesity. The case is remanded for further development including obtaining an opinion on whether obesity is causally related to or aggravated by the service-connected conditions and for a VA examination to assess the current severity of the PTSD.

The Board has remanded the case due to inadequate compliance with its previous instructions, and the Veteran's claim for service connection for a sleep disorder as secondary to his service-connected tinnitus is still pending.

The Board has remanded the claims for sleep apnea, hypertension, and diabetes mellitus due to insufficient verification of the Veteran's service periods and incomplete medical records.