Sleep apnea decisions — 2023

The Veteran's mixed sleep apnea is granted as a MUCMI. The right knee, bilateral hearing loss, and psoriasis disabilities are denied due to lack of current diagnoses. The low back and left knee disabilities are also denied.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is secondary to his service-connected PTSD and obesity.

The Veteran's service-connected PTSD is granted with a rating of 70 percent effective September 25, 2019. Other conditions have been granted as well.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to service or secondary to his service-connected major depressive disorder.

The Board has remanded the Veteran's claims for service connection due to his current diagnoses of obstructive sleep apnea, atrial fibrillation (AFib), and hypertension. The claims are being reviewed again as there is insufficient evidence to determine if these conditions are related to his in-service exposure to halon gas.

The Veteran's lumbar spine condition is rated at 10 percent prior to August 20, 2019 and denied for a higher rating. Since August 20, 2019, the Veteran's condition is rated at 40 percent and also denied for a higher rating. The Board has remanded issues regarding service connection for shoulder conditions and cervical spine.

The Board has remanded the Veteran's claims for obstructive sleep apnea, right knee disability, and left knee disability due to insufficient evidence and need for further examination.

The Board has vacated its previous decision and remanded the case due to a denial of due process. The claim for service connection is now being considered under the PACT Act presumptive exposure.

The Board has decided to remand the case due to the Veteran's failure to appear for a VA examination and lack of response to requests for additional evidence. The Veteran is given another opportunity to attend a VA medical examination.

The Board has decided to remand the Veteran's claim for sleep apnea as it requires further examination and opinion due to lack of an adequate examination in the previous remands.

The Veteran's right ankle osteochondral defect with degenerative arthritis was granted an initial rating of 20 percent from May 8, 2009 to October 30, 2013 and a maximum 20 percent rating thereafter. The lumbosacral strain with degenerative disc disease was granted an initial rating of 40 percent effective September 28, 2013.,The Veteran's radiculopathy of the left lower extremity and right lower extremity were found to be service connected as a result of his lumbosacral strain. The TDIU claim was granted effective September 28, 2013.

The Board has remanded the Veteran's claims for service connection for PTSD, depression, anxiety, fatigue, and sleep apnea due to the need for additional examinations.

The Board has decided to remand the case due to inadequate medical opinions and the need for additional development, including obtaining a VA medical opinion on the etiology of sleep apnea.

The Board has determined that the Veteran's low back condition is related to his active military service and grants service connection for this condition.

The Board has granted the Veteran's claim to reopen his service connection for a back condition, which is secondary and caused by his service-connected bilateral knee disabilities. The August 2023 VA examination opinion supports this finding.

The Veteran's service-connected disabilities did not render him unemployable prior to January 19, 2011. The evidence does not substantiate a reasonable possibility that he is unemployable by reason of his service-connected conditions.

The Board denied a rating in excess of 20 percent for left lower extremity radiculopathy from August 10, 2019. The Board granted service connection for sleep apnea on the basis that it was aggravated by medications used to treat the Veteran's service-connected psychiatric conditions.

The Veteran's service-connected low back disability and radiculopathy of the bilateral lower extremities prevented him from obtaining or maintaining substantially gainful employment consistent with his work experience, skills, vocational training, and educational background from January 30, 2009 to October 6, 2021.

The Veteran's OSA is remanded due to the need for a new medical opinion considering total potential exposure and synergistic effects of toxic exposures, including burn pits.

The Veteran's service connection claim for PTSD is granted. The Board finds that the Veteran's PTSD is related to his service in Iraq and affirms this finding. Service connection for Sleep Apnea is remanded due to a lack of a comprehensive examination.