Sleep apnea decisions — 2021

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected major depressive disorder.

The Board has denied service connection for lumbosacral spine disability, cervical spine disability, and right elbow disability as the evidence does not support a link between these conditions and service.,Service connection was denied because there is no evidence of current disabilities related to service or within any applicable presumptive period.

The Board has denied service connection for Obstructive Sleep Apnea and a Bowel Condition, finding that the evidence does not support a nexus between these conditions and the Veteran's military service or any service-connected disability.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected hypertension.

The Board has decided to remand several issues related to the Veteran's service connection claims, disability ratings, and TDIU claim due to inadequate VA examination opinions. The issues include obstructive sleep apnea, lumbar stenosis, right knee sciatic radulopathy, left knee sciatic radulopathy, and TDIU prior to October 3, 2015.

The Board has granted service connection for a thoracolumbar spine disability (lumbosacral strain) and assigned an initial rating of 10 percent. The Veteran's other claims, including those related to his wrist, collarbone, knee, shin, and ankle disabilities, are still pending.

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his sleep apnea, low back condition, right knee arthritis, left knee arthritis status post total knee replacement, and bilateral hearing loss. The VA needs to obtain additional examinations and provide adequate rationale for their conclusions.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected TBI, depressive disorder, headaches, and tinnitus. Other service connection claims are either denied or remanded.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is related to his service in the Southwest Asia Theater of Operations and whether it is caused or aggravated by his service-connected disabilities, including PTSD and lumbar strain.

The Board has remanded the Veteran's claims for sleep apnea, bilateral knee condition, and bilateral hip condition due to inadequate examinations and lack of consideration of certain evidence.

The Board has remanded the claims for service connection for a lumbosacral strain with thoracic osteophytes, left knee condition, and right knee condition secondary to a left knee condition due to inadequate examination findings.

The Board has denied service connection for a low back condition, right ankle condition, left ankle condition, bilateral hearing loss, and hypertension. The Veteran's claims were previously remanded to obtain treatment records and provide an examination.,Service connection was not granted for OSA as it is secondary to the Veteran’s service-connected rhinitis.

The Board has remanded the case due to inadequate rationale in the July 2019 VA examination regarding whether the Veteran's obstructive sleep apnea (OSA) was caused or aggravated by his service-connected asthma. The examiner did not adequately explain the prevalence of OSA among patients with different levels of asthma and did not address the impact of asthma on the severity of OSA.

The Veteran withdrew their appeal for the left knee disability including due to undiagnosed illness, leaving only the claims of service connection for left shoulder and lumbosacral strain.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there is no evidence of a direct relationship to his active duty service or any service-connected conditions.

The Veteran's back disability was granted an increased rating of 20 percent from April 12, 2011 to October 30, 2017. Separate compensable ratings were granted for right and left knee lateral instability.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including obtaining updated treatment records and scheduling VA examinations.

The Veteran's claim for increased ratings for intervertebral disc syndrome (IVDS) and left lower extremity radiculopathy with intermittent foot drop was denied. The IVDS rating prior to January 17, 2020 is denied as the evidence does not show forward flexion of the thoracolumbar spine at or below 30 degrees.,The Veteran's claim for an initial evaluation in excess of 40 percent for IVDS on or after January 17, 2020 was also denied. The evidence did not meet the criteria for unfavorable ankylosis of the entire thoracolumbar spine or the entire spine.,The Veteran's claim for an initial evaluation in excess of 20 percent for left lower extremity radiculopathy with intermittent foot drop was denied as her symptoms have not met the criteria for severe incomplete paralysis.

The Board has remanded the case due to inadequate examination and need for additional development, including obtaining an addendum opinion addressing the Veteran's service connection claim.

The Board has remanded the Veteran's claims for service connection due to incomplete development and inadequate VA examinations. The claims are related to secondary service connection, but no specific exposure basis or presumption was provided.