Sleep apnea Board decisions

The Board has remanded the cases for further medical opinions to address whether the Veteran's low back condition and ED are related to service or service-connected conditions.

The Veteran's appeal is remanded for further development and examination due to missing service medical records, conflicting evidence regarding qualifying Southwest Asia service, and incomplete information about the nature of his conditions.

The Board has remanded the Veteran's claims for sleep apnea, headaches, and hypertension due to inadequate opinions in previous VA examinations. The cases are returned to the AOJ for further development.

The Veteran's lumbosacral strain, including degenerative disc disease and degenerative joint disease, was granted a 50 percent rating effective November 1, 2022. The appeal remains on appeal as the Veteran has not expressed satisfaction with this increased rating.

The Veteran's claim for service connection for hypertension remains denied.,The Veteran's claim for service connection for tinnitus remains denied.,The Veteran's reopened claim for service connection for sleep apnea, including secondary to service-connected disabilities, is granted.

The Board has remanded the claims for additional development due to missing VA treatment records and a need for an additional medical opinion regarding the etiology of the Veteran's sleep apnea. The issues include rating increases for lumbar spine disorder, increased rating for LLE radiculopathy, service connection for sleep apnea, and TDIU.

The Veteran's tinnitus and OSA are granted as service-connected. Tinnitus is presumed due to in-service acoustic trauma, while OSA is found secondary to his service-connected PTSD.

The Board has dismissed the appeal for service connection on four issues: right shoulder disability, depression, obstructive sleep apnea, and right ear hearing loss due to an administrative error in docketing the case twice under identical numbers.

The Board denied the Veteran's appeal as the July 5, 2019, VA Form 9 was not timely filed. The claims for service connection were decided on the merits and found to be denied.

The Board has remanded the Veteran's claims for depression, right shoulder disability, lower back (lumbar spine) disability, gastroesophageal reflux disease (GERD), obstructive sleep apnea (OSA), and right ear hearing loss due to potential service connection issues.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the inadequacy of a previous VA examination and the need for additional medical records and an opinion regarding the relationship between his current condition and service.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU. The evaluation in excess of 50 percent for sleep apnea is remanded due to lack of recent examination.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The case is being remanded for further examination and opinion regarding the cause and aggravation of his sleep apnea.

The Veteran's PTSD symptoms have been rated at a 70 percent disability rating since June 28, 2013. The appeal for service connection of asthma and obstructive sleep apnea secondary to PTSD is being remanded.

The Veteran's claim for allergic rhinitis was reopened due to new evidence showing exposure during Gulf War service and a current diagnosis.,The Veteran's claim for obstructive sleep apnea was reopened due to new evidence from his private physician, who provided a positive nexus statement.

The Veteran's lumbosacral strain has been rated at 20 percent, effective January 13, 2014. Separate ratings of 20 percent have also been granted for right and left lower extremity radiculopathy secondary to the service-connected lumbar disability.,A separate rating is granted for each leg's radiculopathy as a result of the service-connected lumbosacral strain.

The Veteran's appeal is remanded for additional examinations and development of the record to determine the current severity of his service-connected left ear hearing loss, the nature and etiology of his claimed right ear hearing loss, whether he has a current disability of obstructive sleep apnea secondary to service-connected tinnitus, and the relationship between his testicular cancer and in-service exposure. The Veteran's dental claims are also remanded for further development.

The Board has denied a non-initial increased rating for atrial fibrillation and remanded the issue of service connection for sleep apnea. The decision is binding only with respect to the specific issues decided.

The Board remands the claims for a back disability and sleep disability due to inadequate VA examinations.

The Board has decided to remand the case due to inadequate examination and failure to comply with previous remand directives. The Veteran's service connection for sleep apnea on a secondary basis is being reviewed, specifically regarding whether his service-connected low back disability contributed to his weight gain and subsequent development of sleep apnea.