Sleep apnea decisions — 2023

The Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy were denied due to failure to report for VA examinations.,Service connection for PTSD was denied as the Veteran did not provide a diagnosis of PTSD under DSM criteria.

The Board has determined that additional VA medical opinions are needed for the Veteran's claims of service connection for left knee strain, bilateral hearing loss, tinnitus, and obstructive sleep apnea. The issues have been remanded to obtain these opinions.

The Board has granted service connection for an acquired psychiatric condition, but denied service connection for a skin condition and sleep apnea. The decision is based on the Veteran's post-service medical records and examination reports.

The Board has determined that an effective date earlier than August 8, 2018 for service connection of lumbosacral strain is not warranted. The Veteran's claim was denied in November 2013 and reopened in August 2018 with the assignment of a 10% rating effective August 8, 2018. The Board has also remanded the issue of an initial rating for lumbosacral strain due to insufficient examination findings.

The Board has remanded the claims for increased ratings and service connection due to a lack of recent private medical records, specifically from Dr. S.S., which may contain relevant information.

The Board has remanded the cases for further development due to inadequate VA examinations and incomplete medical records. The Veteran's claims of service connection for headaches and sleep apnea are being reviewed again.

The Veteran's tinnitus was granted service connection as it had onset during service with continuity of symptoms following service.,For his lumbosacral strain, right leg iliotibial band friction syndrome, vertigo, and right ear hearing loss claims, the Board finds remand is necessary to obtain additional medical opinions regarding their etiology.

The Veteran's claims for service connection and increased ratings are being remanded due to the need to obtain additional records from SSA.,The Board is also considering whether the Veteran should be granted a total disability rating based on individual unemployability prior to June 10, 2016.

The Board has granted service connection for obstructive sleep apnea, migraine headaches, and restless leg syndrome as secondary to the Veteran's service-connected mental disorder. Service connection for tremors is remanded.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's OSA and potential relationship to service-connected disabilities.

The Board has remanded the case for further readjudication due to procedural issues, and will be returned to the Board after issuance of a statement of the case (SOC).

The Board denied the Veteran's claims for service connection for PTSD and lumbosacral strain, finding no evidence linking these conditions to his military service.,For TDIU, the Board found that the Veteran did not meet the schedular requirements due to his combined disability rating of 20 percent. The issue remains relevant for SMC purposes.

The Board has decided to remand the cases of sleep apnea and PTSD with depressed mood for further development. The Veteran's service connection claims will be reviewed again, including considering potential secondary theories.

The Board has determined that the Veteran's headaches and OSA are secondary to his service-connected adjustment disorder with mixed anxiety and depressed mood, granting these claims.

The Board has decided to remand the case due to incorrect medical opinions regarding the Veteran's service-connected disabilities and their impact on his obesity and obstructive sleep apnea.

The Veteran's bilateral hearing loss and GERD disabilities are granted, with a rating of 30 percent. The left elbow disability is granted but at the maximum allowable rating (10%). Other issues remain pending.

The Board denied service connection for a right shoulder disability, bilateral foot disability (other than a skin disability), and obstructive sleep apnea due to lack of evidence linking these conditions to the Veteran's active service.,Specifically, the Board found that there was no credible evidence showing onset or aggravation during service or within one year post-service. The VA examiners also determined that current right shoulder and bilateral foot disabilities were not related to service.

The Board has remanded the claims of service connection for PTSD, ischemic heart disease, diabetes mellitus, and obstructive sleep apnea due to the need for an SOC.

The Veteran's claims for service connection for sleep apnea, right shoulder disorder, and left shoulder disorder have been remanded due to the need for additional medical opinions regarding the relationship between his current disabilities and his military service.

The Board has granted service connection for a back disability and obstructive sleep apnea, finding that the Veteran's symptoms began during active service.,Both conditions are considered to be directly related to service without requiring any presumption or secondary link.