Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's migraines and their relationship to service-connected conditions.

The Veteran's claims for service connection and a TDIU are remanded due to duty-to-assist errors. The hearing transcript is associated with the case, but VA treatment records from Community Care providers were not obtained prior to the July 2023 decision.

The Board has determined that the Veteran does not meet the criteria for SMC based on aid and attendance or housebound status due to his service-connected disabilities.

The Board has remanded the case due to inadequate examination regarding the Veteran's claim of service connection for obstructive sleep apnea. A new VA examination is required.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea. The remaining issues of increased rating for PTSD and depressive disorder, service connection for renal cell carcinoma, and TDIU are remanded due to new evidence submitted by the Veteran's representative.

The Board has determined that the July 2023 VA examination was inadequate and remanded for further development. The Veteran's OSA is to be evaluated, along with whether his service-connected back disability caused or aggravated his obesity, which in turn may have contributed to his OSA.

The Board has remanded the issue of service connection for sleep apnea due to inadequate opinion in the previous VA examination.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms first manifested during service and resolving reasonable doubt in his favor.

The Veteran's claims for service connection have been granted, with effective dates of January 27, 2017. The conditions are related to her service-connected psychiatric disabilities.

The Veteran's claims for service connection for PTSD and an acquired psychiatric disorder have been granted. The rating for bilateral hearing loss remains at zero percent.

The Veteran's back condition and PTSD have been granted service connection, with the back condition receiving a grant of service connection and the PTSD being rated at 70 percent effective March 9, 2018.

The Veteran's lumbosacral strain, right lower extremity femoral radiculopathy, and right and left lower extremity sciatic radiculopathy are all rated at 20 percent since January 6, 2018. A TDIU is granted from that date.

The Board has decided to remand the case for further development and an examination, as the current opinions are inadequate.

The Veteran's service-connected disabilities did not render her unable to secure and follow a substantially gainful occupation prior to March 14, 2017.

The Board has remanded the case for further development to obtain an addendum opinion addressing whether the Veteran's service-connected disabilities, to include GAD, caused or aggravated his obesity and whether OSA would not have occurred but for obesity. The appeal is currently in a state of pending status.

The Veteran's obstructive sleep apnea is found to have had its onset during his active service, and the Board grants service connection for this condition on a direct basis.

The Board has determined that the Veteran's sleep apnea may be related to service, specifically asbestos exposure and contaminated water at Camp Lejeune. However, further examination is needed to clarify these connections.

The Board has remanded the Veteran's claims for service connection and increased rating for sleep apnea, arthritis of the hands and knees, hypertension, diabetic nephropathy, and bulging discs due to a lack of VA medical examinations.

The Board has remanded the claims for service connection due to a lack of compliance with previous remands and the need for new medical opinions. The issues are inextricably intertwined.

The Board has determined that the VA examinations provided were inadequate for adjudication purposes and remanded the case to obtain further clarification of the Veteran's lumbar spine disability, including his lay statements regarding incapacitating episodes and flare-ups. The Board also requested additional medical records from private providers.