Sleep apnea Board decisions

The Board has found that the VA examinations for the Veteran's cervical spine, thoracolumbar spine, and right upper extremity radiculopathy disabilities are inadequate due to a lack of range-of-motion testing during flares. The claims are being remanded for new VA examinations to address these issues.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, an acquired psychiatric disorder, and traumatic brain injury. The evidence does not support a finding that these conditions are related to service or any in-service exposure.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's in-service asbestos exposure. The claim was decided on a direct basis as there were no other theories of service connection presented.

The claims for service connection for bilateral hearing loss, back spasm, idiopathic urticaria (skin hives), PTSD, and right lower extremity joint issues have been reopened.,Service connection is granted for a lumbar spine disability and left knee disability.

The appeal for a rating in excess of 10 percent for lumbar spinal stenosis with lumbosacral degenerative disc disease is dismissed. Service connection for gastroesophageal reflux disease (GERD) is granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not manifest during or as a result of his active duty and is more likely related to obesity than to diabetes mellitus.

The Board has remanded the case due to ambiguity in the November 2022 VA examination report regarding whether the Veteran's obstructive sleep apnea (OSA) is aggravated by his service-connected disabilities. The examiner needs to provide a clear opinion on this issue and also determine if OSA remains once the underlying cause of obesity has been remedied.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and inadequate examination reports.

The Board has remanded the case due to inadequate examination regarding obesity as an intermediate step between PTSD and OSA, and whether it is a substantial factor in causing or aggravating OSA.

The Veteran's sleep apnea is found to have had its onset during his service, and the Board granted service connection for this condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest in service and is not related to any disease or injury during service. The Board also noted that there was no chronicity of symptoms during service.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD. The other issues are remanded for further development and consideration.

The Veteran's service-connected disabilities have precluded him from securing or maintaining substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Board has remanded the claims for service connection for sleep apnea, which is secondary to a service-connected neuropsychiatric condition including PTSD, and for TDIU due to the Veteran's service-connected disabilities. The VA will obtain additional medical records, translate Spanish documents, complete a toxic exposure risk activity (TERA) memorandum, and schedule a VA examination to determine the nature and etiology of the sleep apnea.

The Board has decided to remand the case due to the need for additional development, including obtaining a sleep study report and providing an addendum VA medical opinion.

The Board has remanded several claims for additional development due to the submission of new evidence, including VA treatment records and examination reports. The Veteran did not respond to a request to waive review by the AOJ.

The Board has decided to remand the Veteran's claims for diabetes mellitus, type II and obstructive sleep apnea due to inadequate VA examinations. The Veteran needs a new examination to determine if his conditions are related to service-connected disabilities.

The Board has remanded the case due to insufficient opinions regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea, as well as the potential impact of non-deployment related toxic exposure.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis is not related to his in-service symptoms and does not meet the criteria for service connection.

The Veteran's OSA is granted as service connected, and his CFS claim is denied. The left shoulder disability remains at a 20% rating.