Sleep apnea decisions — 2023

The Board has decided to remand the case due to the need for a more contemporaneous examination of the Veteran's service-connected lumbar spine disability and to obtain any outstanding VA treatment records.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his foot/ankle conditions and sleep disorders. The issues are back before the Board after a full examination.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to service and remands for a VA examination to confirm this.

The Veteran's degenerative disc disease with L5-S1 narrowing and lumbosacral strain is rated at a 20 percent evaluation, effective prior to June 14, 2022.

The Board has determined that there has not been substantial compliance with its May 2022 remand directives and thus the Veteran's claims for service connection for lumbosacral strain and cervical strain are being remanded again.

Service connection for asthma and obstructive sleep apnea (OSA) is granted. Service connection for a bilateral heel/ankle disorder, left knee disorder, right knee disorder, gastroesophageal reflux disease (GERD), and hypertension (HTN) are remanded.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and restless leg syndrome due to inadequate opinions in previous VA examinations. The Veteran was exposed to herbicides during service, but his RLS may be related to PTSD or other service-connected conditions.

The Board has remanded the case for additional development due to unclear measurements in a VA examination report and the need for clarification regarding pain points, ankylosis, and treatment records. The issues of entitlement to higher evaluations for lumbosacral strain with degenerative arthritis, IVDS, and TDIU are pending.

The Veteran's claims for service connection are being remanded due to inadequate opinions from the VA examiners regarding his claimed conditions and their relationship to service.

The Veteran's claim for service connection for a left knee disability is granted. The Board finds in favor of the claim, as there is at least equipoise evidence that the condition was incurred during service. Service connection for sleep apnea is remanded due to lack of a VA examination.

The Board has dismissed the appeal for a disability rating in excess of 30 percent for migraine headaches. The remaining claims are remanded and will be reconsidered with additional VA treatment records.

The Board has denied the Veteran's claims for service connection for sleep apnea, right shoulder condition, and left shoulder condition due to a lack of evidence showing these conditions are related to his military service.

The Board has ordered a remand for the VA to provide an addendum report from the medical examiner, addressing whether the Veteran's OSA began in service and is caused or worsened by his service-connected disabilities.

The Veteran's claim for a separate compensable rating for bladder impairment associated with lumbosacral degenerative arthritis with lumbar spasm with IVDS is denied. The initial 10 percent rating for costochondritis with rib subluxation and left breast numbness prior to September 22, 2014, is granted, but the claim for a rating in excess of 10 percent thereafter is denied.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is related to his military service.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective December 11, 2015.

The Veteran's OSA is related to his service-connected PTSD and neck disability.,The Veteran's right knee disability is related to service.

The Board has granted service connection for lumbosacral spine disability, left knee disability, GERD, and skin disorder. These conditions are all presumed to have had their initial onset before the end of the Veteran's qualifying period of service in November 1999.,The decision is based on medical evidence that indicates these disabilities were present prior to the conclusion of the Veteran's qualifying service.

The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's back disability. The AOJ must secure an addendum opinion from a clinician that addresses whether the Veteran's back disability preexisted service, if it did, whether there is clear and unmistakable evidence (CUE) that the preexisting condition was not aggravated beyond its natural progression during service, and if not, whether it is at least as likely as not related to service.

The Veteran's obstructive sleep apnea was initially diagnosed during service and has continued since then. The Board granted service connection for OSA based on the progression of symptoms over time.