Sleep apnea Board decisions

The Board found that the Veteran is currently employed as a police officer, which means he cannot meet the criteria for TDIU due to his service-connected disabilities.

The Board has remanded the case due to lack of substantial compliance with previous remands, and additional opinions are needed regarding the etiology of the Veteran's obstructive sleep apnea (OSA).

The Veteran's service connection claims for hypertension, obstructive sleep apnea (OSA), and glaucoma have been denied. The Board found that OSA is not related to herbicide exposure in Vietnam.,Service connection for OSA was granted based on the PACT Act presumption of herbicide exposure during service in Vietnam.

Service connection is granted for diabetes mellitus type II and obstructive sleep apnea.,Service connection is granted for GERD. The Veteran's right upper quadrant pain (to include residuals of gallbladder removal) and skin condition are also service connected due to exposure to burn pits in Somalia, while generalized arthritis is presumed based on Gulf War Service.,The Veteran's claims for fibromyalgia, cataracts, and bilateral hearing loss have been withdrawn by the appellant.

The Board has found that the record is incomplete and requires additional service records to be associated with the claims file. The Veteran's psychiatric, low back, right wrist, bilateral foot, and sleep apnea disabilities are also remanded for further examination and opinion.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for neuropathy of the hands and feet, diagnosed as Stevens-Johnson Syndrome (SJS), is granted. The Board finds that the additional disability was not reasonably foreseeable by a reasonable healthcare provider when medication was prescribed by VA in 2017.

The Veteran's appeal includes claims for service connection for an acquired psychiatric disorder, a higher rating for IVDS with degenerative arthritis and strain of the lumbosacral spine, and right lower extremity radiculopathy, sciatic nerve. The effective dates for the ratings assigned are also being remanded.,Additional development is needed to address the Veteran's claims regarding his acquired psychiatric disorder, as well as his service-connected IVDS with degenerative arthritis and strain of the lumbosacral spine and right lower extremity radiculopathy.

The Veteran's tinnitus, obstructive sleep apnea (OSA), and low back disability are all found to be at least as likely as not due to his active-duty service.,The Veteran's OSA is also found to be at least as likely as not proximately due to his service-connected major depressive disorder.

The Veteran's lumbosacral strain and cervical strain have been granted initial disability ratings of 10%, 20% respectively, with the lumbosacral strain rating increased to 40% effective May 8, 2023.

The Board has determined that the Veteran's Obstructive Sleep Apnea is not related to his service or due to his service-connected PTSD, and therefore denied service connection for this condition.

The Veteran's claims for service connection and increased ratings were denied. The Board found no medical nexus between the claimed conditions and either active service or a service-connected disability.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected type II diabetes mellitus, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is directly related to his service or secondary to his service-connected unspecified depressive disorder. The VA examiner did not address specifics of the Veteran's disability patterns and risk factors for sleep apnea.

The Board has remanded the issues of service connection for bilateral hearing loss, right knee disorder, left knee disorder (to include as secondary to claimed right knee disorder), bilateral foot condition (claimed as fallen arches), left shoulder disorder, right elbow disorder, bilateral lower extremity dry skin disorder, and sleep apnea.,The Board has remanded the issue of service connection for a right knee disorder due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issue of service connection for a left knee disorder (to include as secondary to claimed right knee disorder) due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issues of service connection for bilateral foot condition (claimed as fallen arches), left shoulder disorder, right elbow disorder, and sleep apnea due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issue of service connection for a left shoulder disorder due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issues of service connection for right elbow disorder, bilateral lower extremity dry skin disorder, and sleep apnea due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issue of service connection for a bilateral lower extremity dry skin disorder due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.,The Board has remanded the issues of service connection for sleep apnea due to incomplete STRs and lack of VA examination prior to the February 2019 rating decision.

The Veteran's appeals for earlier effective dates and service connection claims have been remanded due to the need for additional development, including VA examinations and addendum opinions.

The Board has remanded the Veteran's claim for extraschedular TDIU from June 15, 2016, to June 22, 2018 due to conflicting evidence of her employment status during the lookback period and a need for additional information.

The Board has decided to remand the case due to inadequate examination opinions regarding whether the Veteran's lumbar spine disability is related to his service-connected bilateral pes planus.

The Board has remanded the case due to insufficient evidence to decide whether the appellant's sleep disorder, including OSA, is related to his military service or specifically to his service-connected PTSD. The appellant was exposed to burn pits during his deployments and may be considered a Persian Gulf Veteran under the PACT Act.

The Board has determined that the Veteran's skin disabilities, including squamous cell carcinoma, actinic keratosis, seborrheic keratosis, seborrheic dermatitis, atypical compound nevus, and erythrotelangiectatic rosacea, are not related to his active service. The evidence does not support a finding that these conditions were caused by herbicide agent exposure or in-service sun exposure.

The Veteran's appeal for an initial compensable evaluation for hyposmia was dismissed. The Board denied service connection for a respiratory disorder, including rhinitis but excluding OSA, as well as service connection for a right ankle disability. Service connection for OSA was granted. An initial 10% rating for right knee strain with arthritis status post ACL repair based on limitation of flexion was granted.