Sleep apnea Board decisions

The Veteran's service connection claim for obstructive sleep apnea (OSA) is being remanded due to new arguments presented by the Veteran regarding a possible secondary service connection.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional VA examinations.

The Board has reopened the claims for service connection for an acquired psychiatric disorder (including PTSD) and remanded the other conditions. The claim for sleep apnea, essential hypertension, benign prostatic hypertrophy, and leukoplakia of the penis remains denied as new and material evidence was not received.

The Veteran's claims for increased ratings and service connection were withdrawn. The Veteran was granted service connection for obstructive sleep apnea as secondary to his pain medication for service-connected conditions, and a 50 percent rating was granted for his acquired psychiatric disorder.

The Board has remanded the case due to its inextricability with another issue, and will be reconsidered after resolving the other issue.

The Board has remanded the claim of service connection for a lumbosacral spine disability due to insufficient VA opinion and lack of treatment records from the time of separation until present. The Veteran is entitled to further development including obtaining VA treatment records, arranging for an addendum medical opinion, and giving the Veteran another opportunity to provide additional evidence.

The Veteran's back, right knee, plantar fasciitis, skin disability of the feet, OSA, headache, bilateral eye, and allergies disabilities are remanded for further examination and determination.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep disorder, specifically whether it is related to his service-connected disabilities and if it was caused or aggravated by pain associated with those conditions.

The Board has remanded the cases for further development due to failure to comply with prior remand directives. The Veteran was not afforded VA examinations as requested in the May 2019 Board remand.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms had onset during active duty.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Board has dismissed the Veteran's appeals for service connection for obstructive sleep apnea, frequent urination, and to a permanent and total disability rating for eligibility for non-service-connected pension. The appeal for service connection for migraine headaches is granted.

The Board has granted the reopening of a claim for service connection for sleep apnea as secondary to PTSD, but remanded the issue due to insufficient evidence in the claims file.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need to obtain and review records from Balboa Naval Hospital, including a sleep study results and any ENT evaluations. The VA examiner will provide an opinion on whether it is at least as likely as not that the Veteran’s currently diagnosed obstructive sleep apnea is etiologically related to service.

The Board has granted service connection for right ear hearing loss, sleep apnea, and hypertension. The decision is based on direct service connection due to in-service noise exposure, a current service-connected respiratory disorder, and a current psychiatric disorder.

The Board denied the Veteran's claim for a TDIU rating, finding that his service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment.

The Board has found that additional development is needed for the issues of an evaluation in excess of 20 percent disabling for service-connected myofascial strain lumbosacral paraspinal muscles and entitlement to a total disability rating based on individual unemployability (TDIU). Specifically, a new examination is needed that complies with the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), and clarification regarding the Veteran’s diagnosis is required.

The Veteran's lumbosacral strain and associated radiculopathy are granted increased ratings, with separate ratings for each lower extremity. TDIU is remanded.

The Veteran's appeals for earlier effective dates on various service connection claims have been withdrawn.,All issues of increased ratings and TDIU have also been withdrawn.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's sleep disorder, including obstructive sleep apnea. The Veteran's STRs do not show any complaints or diagnoses related to his current condition, and the VA examiner found it less likely than not that his sleep disorder was incurred during service.