Sleep apnea decisions — 2023

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative disc disease is remanded due to the inadequacy of the October 2019 VA examination, which did not adequately address functional loss during flare-ups.

The Veteran's lumbosacral spine disability is remanded for additional development, including obtaining a retrospective VA medical opinion and clarifying the loss of range of motion due to repetitive use over time and flare-ups.

The Board has denied the Veteran's claim of entitlement to an increased disability rating for lumbosacral strain with degenerative arthritis. The claims for service connection for left and right knee disabilities are remanded due to a lack of a VA examination.

The Board has determined that the Veteran's sleep apnea began during active service and is therefore granted as a result of direct service connection.

The Veteran's claims for migraine headaches, radiculopathy of the left and right lower extremities, and OSA are being remanded due to new evidence received after the February 2014 denial. The claim for service connection for OSA is reopened based on new evidence relating to unestablished facts necessary to substantiate the claim.

The Veteran's claim for service connection for OSA was reopened due to new and material evidence. The claims for service connection for a psychiatric disorder, including PTSD, adjustment disorder with mixed anxiety and depressed mood, and bilateral hearing loss are remanded.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted because the evidence supports a finding that his OSA began during his military service.

The Veteran's service-connected disabilities, including obstructive sleep apnea and lumbar spine degenerative disc disease, have rendered him unemployable since June 2, 2016. Basic eligibility for Dependents' Educational Assistance is also established as of that date.

The Veteran's claims for service connection are remanded due to the need for additional development and evidence.,The Veteran's TDIU claim is also remanded as it involves issues that have not been fully addressed.

The Veteran's lumbar strain has not met the criteria for a higher rating, as it does not result in forward flexion of the thoracolumbar spine limited to 30 degrees or less, nor does it show objective neurological abnormalities such as radiculopathy.

The Board has decided to remand the Veteran's claims for bilateral hearing loss and sleep apnea due to inadequate medical opinions regarding their etiology. The VA will need to obtain additional medical opinions that consider the Veteran's in-service acoustic trauma, his statements about continuous hearing issues since service, and any potential toxic exposure risk activities (TERA).

The Veteran's claims for increased disability ratings for his left shoulder strain, left ankle sprain, right knee sprain with patellar dislocation, and lumbosacral strain are being remanded due to the Veteran's failure to report for VA examinations.

The Board has remanded the Veteran's claims for service connection and rating of his right ankle fracture residuals, recurrent sleep disability (including obstructive sleep apnea), and lumbar spine disability due to inadequate evaluations.

The Board has granted the Veteran's claims for service connection for Obstructive Sleep Apnea, Hypertension, and Gastroesophageal Reflux Disease on a secondary basis to his service-connected disabilities. The decision also remanded the issues of service connection for these conditions.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining gainful employment prior to November 22, 2019.

The Board has granted the Veteran's application to reopen his claim for service connection for obstructive sleep apnea and has determined that he is entitled to this benefit based on evidence showing symptoms of OSA in service.

The Veteran's appeals for service connection and rating increases have been dismissed due to his request to withdraw the appeals.

The Veteran's PTSD was rated at 70 percent prior to June 21, 2023. The Board granted a TDIU due to the service-connected PTSD and SMC based on housebound status prior to that date.

The Board has decided that additional development is needed for the Veteran's claim of service connection for a heart disability, including coronary artery disease. The case will be remanded to allow for further examination and opinion.

The Board has granted service connection for obstructive sleep apnea and remanded the other issues due to insufficient evidence or lack of VA examination.