Sleep apnea decisions — 2023

The Board denied earlier effective dates for service connection of lumbosacral strain, cervical disc bulge, and left upper extremity radiculopathy due to lack of evidence before the May 2006 rating decision that could be interpreted as a claim.

The Veteran's claim for a 70 percent rating for his trauma and stressor related disorder was granted. Service connection for obstructive sleep apnea was also granted, but the effective date remains pending.

The Veteran's lumbar spine disability and related radiculopathy conditions were granted increased ratings, with the lumbar spine disability receiving a 20% rating from June 18, 2015 to March 28, 2023. The initial ratings for RLE sciatic and femoral radiculopathies were also granted at 10%. These decisions are effective as of the dates noted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not incurred in or related to his active military service and did not have a direct link to his service-connected psychiatric condition.

The Veteran's claims for service connection for bilateral hip displacement and a back disability as secondary to his preexisting status post bilateral distal femoral epiphyseodesis surgeries for genu valgum with acquired left leg shortening are denied because he is not service-connected for any of these conditions.

The Board has remanded the case for further development due to lack of substantial compliance with prior directives. The issues include evaluations for lumbosacral strain, right and left thigh disabilities, and left hip strain.

The Veteran's petition to reopen the claims of entitlement to service connection for bilateral hearing loss disability and obstructive sleep apnea was granted. The claim for service connection for bilateral hearing loss disability is remanded due to lack of recent VA treatment records, while the claim for service connection for obstructive sleep apnea remains granted.

The Veteran's service-connected migraine and tension headaches, along with lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, prevented her from securing or following substantially gainful employment outside of a protected environment. The Board granted TDIU on an extra-schedular basis effective December 20, 2023.

The Veteran's petition to reopen the claim for service connection for sleep apnea has been granted, and he is now entitled to service connection for this condition.,The Veteran's petitions to reopen the claims for service connection for degenerative arthritis of the left ankle and right ankle have also been granted.

The Board has remanded the claims for service connection due to inadequate VA examinations and the need for new opinions addressing the pathophysiology of the Veteran's sleep apnea, migraines, and anxiety disorder.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current upper airway resistance syndrome is caused or aggravated by his service-connected major depressive disorder.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is being remanded due to a challenge raised by the Veteran's representative regarding the competency of the VA examiner who provided an opinion on the matter.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset during service and is not otherwise related to his service. The disorder was also determined not to be caused or aggravated by his service-connected disabilities.

The Veteran's claims for respiratory and groin disabilities are remanded due to the need for additional medical records and examinations.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that he was presumed sound at service entrance and did not have an in-service event, injury, or disease related to his OSA. The Board also found no evidence supporting a theory of secondary service connection due to obesity.

The Board has remanded the claim for service connection for sleep apnea due to conflicting opinions and need for additional examination. The Veteran's symptoms were observed during service, but a VA examiner in March 2015 found no causal link between his deviated nasal septum and sleep apnea. A records-based TERA examination in April 2023 also did not find a connection due to lack of evidence linking environmental exposures to sleep apnea.

The Veteran's service connection claims for migraine headaches, asthma, and OSA have been granted. The Board found that the evidence supports a finding of service connection for these conditions based on their presumptive relationship to military service.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as inextricably intertwined with other claims, including a claim seeking service connection for obstructive sleep apnea. The Veteran's employment and earning history are inconsistent and incomplete.

The Veteran's service connection for obstructive sleep apnea is granted. The Board finds remand required for the left shoulder condition, irritable bowel syndrome, right and left knee disabilities, and PTSD and TDIU.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it was incurred in or is otherwise causally related to his active military service.