Sleep apnea decisions — 2023

The Board has remanded the claims for lumbar spine disability, asthma, obstructive sleep apnea (OSA), hypertension, right toe injury, headaches, and an acquired psychiatric disorder to determine the appellant's periods of service.

The Veteran's PTSD with depressive disorder is granted as service-connected prior to April 6, 2022.,Obstructive sleep apnea is granted as secondary to her service-connected disabilities.,Allergic rhinitis does not warrant a disability rating in excess of 10 percent.,Hypertension does not warrant a compensable disability rating.,Painful abdominal scar and abdominal and right lower quadrant surgical scars do not warrant a compensable disability rating.,Degenerative arthritis of the spine is granted with a 40 percent disability rating, but no higher, from April 23, 2018.,Left lower extremity radiculopathy of the sciatic nerve is granted with a 10 percent initial disability rating from April 23, 2018 to May 27, 2021.,Left lower extremity radiculopathy of the sciatic nerve is denied for ratings in excess of 40 percent after May 28, 2021.,Left lower extremity radiculopathy of the femoral nerve is granted with a 10 percent initial disability rating from July 19, 2021.,Right lower extremity radiculopathy of the sciatic nerve is granted with a 20 percent initial disability rating from October 10, 2021.

The Board denied service connection for type 2 diabetes, residuals of stroke, and OSA. The claims were reopened due to new evidence but the Board found no in-service or post-service relationship between these conditions and active duty.

The Veteran's OSA is granted as secondary to his service-connected PTSD.,The Veteran's lumbar spine arthritis and RLE radiculopathy are both granted on a secondary basis to their respective service-connected conditions.,An effective date prior to July 8, 2015, for the grant of service connection for PTSD is denied.,PTSD is rated at 70 percent with TDIU established.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected allergic rhinitis.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and a neck condition, finding that there is no evidence of an in-service event or injury related to these conditions.

The Board has remanded the Veteran's claims for an increased rating for GERD and service connection for obstructive sleep apnea/sleep disturbances, including as secondary to GERD due to a duty-to-assist error.

The Board has denied the Veteran's claims for service connection for sleep apnea and psychiatric disability, including PTSD and major depressive disorder. The case is remanded due to inadequate VA examination.

The Veteran's claim for service connection for sleep apnea was denied because the evidence did not show that his condition began during or is related to his military service. The Board found no new and relevant evidence since the last denial.

The Veteran's claims for service connection for IBS, PTSD, cervical strain, lumbosacral strain, and migraines have been remanded due to insufficient evidence or need for further examination.

The Board has determined that the Veteran does not meet the diagnostic criteria for PTSD and therefore, service connection is denied. The claims of service connection for sleep apnea as secondary to an acquired psychiatric disorder and depressive disorder with cocaine use disorder and alcohol use disorder are remanded due to inadequate medical opinions.

The Veteran's chronic sleep disability, including obstructive sleep apnea and excessive daytime somnolence, is granted as directly related to his active duty service.

The Veteran withdrew his appeals for the compensable rating for a metallic foreign body (FB) left 5th finger, service connection for bilateral hearing loss, right knee disorder, left knee disorder, sleep apnea, and sleep disturbance.

The Veteran's sleep apnea is granted as service-connected, with the onset during his active duty.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea had its onset in service or is otherwise etiologically related to any in-service disease, injury, or event.

The Board has determined that the VA medical examiner's opinions regarding bronchitis and sleep apnea are inadequate due to deficiencies in considering the Veteran's complete medical history, including instances of acute bronchitis during service. The Board therefore remanded for further examination and opinion.

The Board has denied the Veteran's claim of service connection for OSA as secondary to PTSD, finding that there is no evidence showing a causal link between his service-connected PTSD and his current OSA.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since January 10, 2017. The Board has determined that the criteria for TDIU were met as of January 10, 2016.

The Board has determined that the Veteran's sleep apnea had its onset during active service and finds in favor of granting service connection for this condition.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied. Service connection for bilateral hearing loss and hip disorder, hypertension, and lung disorder were granted. The claims for service connection for these conditions are remanded due to the need for additional development regarding exposure history.