Sleep apnea decisions — 2021

The Board has denied the Veteran's claims of service connection for various conditions, including back disability, neck disability, right hip disability, sleep disability (including sleep apnea), hypertension, migraines, and TBI. The Board found that there was no evidence to support a direct link between these conditions and his time in service.

The Board has remanded the claims of service connection for sleep apnea, gastroesophageal reflux disease (GERD), and restless leg syndrome due to incomplete development. The Veteran's periods of active duty, ACDUTRA, and INACDUTRA need to be verified, and VA examinations are required.

The Veteran's service connection for degenerative arthritis of the thoracolumbar spine is granted. The Board finds that remanding the issues of service connection for sleep apnea, hypertension, and impotence is necessary as the representative has recently advanced that these disorders may be secondary to obesity caused by the service-connected disabilities.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as it is etiologically related to the Veteran's active service.

Service connection for an intestinal disorder, gastroesophageal reflux disease (GERD), and obstructive sleep apnea (OSA) is denied.,The Veteran's current conditions were not diagnosed during service or within a reasonable time frame after discharge.

The Veteran's appeals for increased ratings for right shoulder impingement syndrome and lumbosacral sprain were denied. The Board found that the evidence did not support a higher rating for either condition.

The Board denied service connection for a lumbosacral condition as there is no current diagnosis of the condition in the medical records.

The Board denied service connection for a lumbosacral condition as there is no current diagnosis of the condition in the medical records.

The Board has decided to remand the case due to an inadequate VA opinion regarding the Veteran's obstructive sleep apnea. The Veteran needs a new examination and must provide a clear rationale for any opinions provided.

The Veteran withdrew her claims for service connection and compensable ratings for hypertension, sleep apnea, acne with hirsutism, and polycystic ovarian syndrome.

The Board has determined that the evidence is not in favor of service connection for chronic fatigue, diabetes mellitus (secondary to PTSD), sleep apnea (secondary to PTSD), and hemorrhoids. The claims are being remanded for additional development.

The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's recurrent sleep disability, including obstructive sleep apnea, and his service-connected conditions. The VA is instructed to obtain all relevant records and schedule a VA examination.

The Board has remanded the cases due to insufficient medical evidence regarding the Veteran's lumbosacral strain prior to November 21, 2016 and for a determination of whether the condition results in functional impairment analogous to unfavorable ankylosis on and after November 21, 2016.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his OSA. The VA needs to obtain an addendum opinion from a qualified medical professional.

The Veteran's claims for increased ratings for his service-connected right knee osteoarthritis, instability, lumbosacral spine disability, and radiculopathy of the right lower extremity have been granted. The initial rating for right knee osteoarthritis is set at 20 percent effective February 1, 2012, with a higher initial 30 percent rating effective August 17, 2020.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to insufficient evidence regarding his functional impairment associated with his service-connected disabilities, including PTSD, pseudoseizures, obstructive sleep apnea, and right ankle disability.

The Board has remanded the Veteran's claim to obtain an additional etiological opinion addressing the relationship between his service-connected PTSD and OSA, as well as any incremental increase in disability due to PTSD.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to her left nostril collapse. The low back disability rating remains at 10 percent prior to December 12, 2019 and increased to 20 percent thereafter.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a compensable rating under VA regulations.