Sleep apnea decisions — 2023

The Veteran withdrew his appeals for service connection of sleep apnea and right hand cyst due to his permanent and total disability status, leading to the dismissal of these claims.

The Board has granted service connection for tinnitus and right and left knee conditions, but denied service connection for obstructive sleep apnea.

The Board has remanded the case due to a duty-to-assist error and inadequate medical opinions. The Veteran's current OSA is being evaluated for its onset during service, and whether his service-connected PTSD and/or MDD aggravated it.

The Board has remanded the claims for hiatal hernia and gastroesophageal reflux disease (GERD) due to insufficient medical opinions addressing their etiology. The OSA claim is also remanded as there are inadequate VA medical opinions regarding its onset during service.

The Veteran's service connection claim for chronic sinusitis and allergic rhinitis is granted.,Other claims are remanded for further development.

The Board has remanded the claim for service connection for sleep apnea, including as secondary to service-connected disabilities, due to inadequate opinions and the need for a VA examination under PACT Act provisions.

The Board has denied service connection for right foot ingrown toenail, obstructive sleep apnea, and low back condition due to lack of competent medical evidence. The cases are remanded for further development.

The Board has decided to remand the cases of service connection for an acquired psychiatric disorder, obstructive sleep apnea (OSA), and total disability rating based upon individual unemployability (TDIU) due to inadequate medical opinions in support of the Veteran's claims.

The Veteran's lumbosacral spine strain, headaches associated with post-concussive syndrome (PCS), and psychiatric disorder associated with PCS are all rated based on their individual merits. The Board has remanded the case for further development to determine appropriate ratings.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, lumbosacral strain with bilateral lower extremity radiculopathy, and medications for his PTSD.

The Board has remanded the claims for service connection for a lumbosacral spine disability, right hip disability, and right knee disability due to new evidence received since previous decisions.

The Veteran's claim for a higher rating for tinnitus is denied as the current 10 percent evaluation is the maximum available.,Service connection for high cholesterol is denied because it does not meet VA compensation criteria.,A TDIU award is granted based on service-connected disabilities preventing substantial gainful employment.,The Veteran's claim for a higher rating for schizophrenia remains remanded due to potential aggravation of pre-existing conditions.,Claims for higher ratings for right rotator cuff tendonitis, lumbosacral strain, and bilateral knee osteoarthritis are also remanded.,Claims for higher ratings for bilateral plantar fasciitis, achilles tendonitis, and metatarsalgia remain remanded.,Claims for higher ratings for bilateral hearing loss, gastroesophageal reflux disease (GERD), allergic rhinitis, internal hemorrhoids, right colon adenoma, umbilical hernia, diabetes mellitus, hypertension, obstructive sleep apnea (OSA), and insomnia are all remanded.,The Veteran's claim to reopen a previously denied service connection for a right colon adenoma is also remanded.,Service connection claims for an umbilical hernia secondary to the right colon adenoma and diabetes mellitus remain remanded.,Claims for service connection for heart disability, including hypertension, obstructive sleep apnea (OSA), and insomnia are all remanded.

The Board has dismissed the Veteran's claims of service connection for various conditions, including migraine headaches, degenerative disc disease of the lumbar spine, obstructive sleep apnea, radiculopathy of the sciatic and femoral nerves of the left lower extremity, eczema, and chronic fatigue syndrome. The Veteran was granted service connection for migraine headaches.

The Board has found that there has not been substantial compliance with its remand directives and has therefore remanded the case for further development.

The Veteran's claims for service connection for a lung condition and sleep apnea, related to herbicide, asbestos, or another toxin exposure, are being remanded due to the Veteran's failure to attend scheduled VA examinations. The Veteran is offered an opportunity to reschedule and provided with instructions on how to request a rescheduling.

The Board has decided that the Veteran's claims for increased ratings for hearing loss and lumbosacral strain, as well as his service connection claims for an acquired psychiatric disorder and headaches, require additional evidence due to the passage of time since their last examinations. The Veteran is also required to have a thorough search conducted for all Air National Guard service treatment records.

The Veteran's claim for a rating in excess of 20 percent for his cervical spine disability was denied. The Board found that the evidence did not support an evaluation higher than 20 percent.,The Veteran's claim for an effective date prior to July 19, 2017, for service-connected OSA was also denied. The Board determined that the earliest possible effective date is July 19, 2017.

The Board has determined that there has not been substantial compliance with the remand requests and has therefore ordered a new VA examination to determine the nature and etiology of the Veteran's obstructive sleep apnea, including whether it is related to service or any event, injury, or disease in service.

The Board has remanded the claims for an initial compensable rating for chronic sinusitis and service connection for obstructive sleep apnea, claimed as secondary to PTSD. A new examination is required for both conditions.

The Board has remanded the Veteran's claims for service connection due to gaps in private treatment records and the need for additional examinations. The issues include back disability, upper left extremity neuropathy, lower left extremity neuropathy, erectile dysfunction, and sleep apnea.