Sleep apnea decisions — 2024

The Board has remanded the case due to the need for a new medical opinion regarding whether the Veteran's service-connected disabilities, including PTSD with alcohol abuse and prescribed medications, caused or aggravated his obesity, which is considered a risk factor for obstructive sleep apnea (OSA).

The Veteran's claim for an increased level of SMC was denied as he does not meet the criteria for any of the available rates under VA regulations.

The Board denied the Veteran's claim for service connection for a low back disability, finding that her current diagnoses are not related to an in-service injury and thus denying her claim.

Service connection is granted for a right ankle sprain prior to August 2, 2023. Service connection since that date and for bilateral shin splints are denied.,The Veteran's liver disorder and obstructive sleep apnea have not been evaluated in this decision.

The Veteran's service-connected disabilities, including her psychiatric disorder and obstructive sleep apnea, have rendered her unemployable on an extraschedular basis since February 2, 2018.

The Veteran's claim for an earlier effective date for a PTSD rating is denied as the evidence does not support awarding an earlier effective date.,The Veteran's claim for an earlier effective date for sleep apnea is denied as there is no evidence of an earlier formal or informal claim prior to May 16, 2017.,The Veteran's claims for service connection for uveal melanoma and metastatic melanoma are remanded due to the need for additional development regarding etiology.,The Veteran's claims for service connection for uveal melanoma and metastatic melanoma are also remanded as there is no opinion on the etiology of these conditions.

The Board dismissed the appeal for service connection for migraine headaches due to a finding of service connection in September 2023. The issues of new and material evidence for tinnitus, bilateral hearing loss, PTSD with persistent depressive disorder and TBI residuals, cervical spine disability, right hand disability, left hand disability, right knee disability, left knee disability, bilateral foot disability, recurrent sleep disability, heart disability, hypertension, and thoracolumbar spine degenerative arthritis are remanded.

The Veteran's claims for increased ratings for lumbosacral strain and bilateral pinguecula are being remanded due to the need for additional evidence and examination.

The Veteran's service-connected back disability, combined with other disabilities, has rendered him unable to secure and follow substantially gainful employment since June 2, 2009. The Board granted a TDIU on an extraschedular basis.

The Board has remanded the case due to insufficient reasoning and lack of a VA medical opinion addressing the relationship between the Veteran's sleep apnea and his in-service exposure, including presumed burn pit exposure. The Veteran is presumed exposed under the PACT Act.

The Veteran's claim for a left ankle disability is denied.,The Veteran's unspecified depressive disorder is granted as service-connected.,The Veteran's right ear hearing loss and obstructive sleep apnea claims are reopened, but denied on the merits.,The Veteran's eye disability (bilateral) claim is reopened, but denied on the merits.,The Veteran's lung disability (bronchitis), colon disability (ulcerative colitis), erectile dysfunction and/or vasectomy, kidney stones, and hypertension claims are remanded for further development.

The Board has determined that the Veteran's sleep apnea likely began during his military service and granted service connection for this condition.

The Board has remanded the case due to inadequate medical opinions and new evidence, including a finding of qualifying deployments under the PACT Act. The Veteran's sleep apnea is being evaluated for direct service connection as well as secondary to his service-connected PTSD, TBI residuals, migraine headaches, or tinnitus.

The Board has remanded the Veteran's claims for diabetes mellitus, type II; left and right lower extremity peripheral neuropathy; sleep apnea; lung disability; and chronic myeloid leukemia due to in-service exposure to hazardous substances. The VA will obtain updated medical records and conduct additional development regarding the Veteran's allegations of herbicide exposure.

The Board has determined that there was not substantial compliance with its prior remand instructions and thus the appeal must be remanded once again. The Veteran seeks service connection for sleep apnea, which is currently being reviewed to determine if it had its onset during his active service or is otherwise etiologically related.

The Veteran's claims for bilateral dry eyes with light sensitivity, tinnitus, left ear hearing loss, allergic rhinitis, cervical spine degenerative disease, recurrent right wrist tendonitis, fractured base of the fifth metacarpal of the right hand, asthma with obstructive sleep apnea, and GERD have all been granted effective December 1, 2017.,The Veteran's claims for service connection for bronchitis, a right shoulder disability, left wrist disability, left hand disability (claimed as osteoarthritis and tendonitis), and a left knee disability were denied.

The Veteran's claims for service connection for right knee disability, left knee disability, sinusitis, and obstructive sleep apnea have been reopened.,These issues are being remanded to the AOJ for further development.

The Veteran's appeal for increased ratings and service connection has been dismissed. The Board has remanded the issues of service connection for residuals of Burkitt lymphoma on a direct basis, lumbosacral strain, and radiculopathy of the right lower extremity.

The Veteran's claim for a compensable initial rating for his headache condition was denied as there is no evidence of prostrating attacks.,The Veteran's claim for a temporary total rating following cervical spine surgery was denied due to the surgery not being service-connected.

The Board has determined that the Veteran's low back disability, including lumbosacral strain and degenerative arthritis, is related to his military service. After considering all evidence of record, the Board finds that reasonable doubt in favor of the Veteran has been resolved.