Sleep apnea decisions — 2023

The Veteran's OSA was granted service connection as it had its onset during his active duty in Iraq, and the Board found that the evidence supported a direct relationship between his service and the condition.

The Veteran's appeal for a higher combined rating in excess of 90 percent, effective from July 19, 2017, is denied. The AOJ's December 2017 rating decision correctly calculated the combined total rating as 90 percent.

The Board has remanded the case due to new evidence received since the July 2013 rating decision, which relates to an unestablished fact necessary to substantiate the claim of service connection for sleep apnea. The Veteran's service in the Persian Gulf region is presumed to have exposed him to toxic substances, including particulate matter and other hazards. A VA medical opinion is needed regarding the nature and likely etiology of his sleep apnea, including its relation to military service and any TERA exposures.

The Veteran's claims for service connection for a deviated nasal septum and sleep apnea are reopened. The Board has determined that new evidence submitted since the June 2012 rating decision relates to an unestablished fact necessary to substantiate these claims, specifically whether his preexisting conditions worsened during service.

The Veteran's petition to reopen his claim for GERD was granted, and the issue of entitlement to service connection for GERD is also granted. The issue of entitlement to service connection for sleep apnea is granted. The issue of entitlement to service connection for a lower back condition is remanded.

The Veteran's claim for a higher rating for his lumbar spine disability is remanded due to the inadequacy of the October 2019 VA examination and the significant time since the last examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the submission of additional VA treatment records not previously considered by the AOJ.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is caused by medications used to treat his service-connected left wrist disability and allergic rhinitis.

The Board has remanded the case due to incomplete STRs and unverified exposure claims. The Veteran's obstructive sleep apnea is being examined again for a definitive opinion on its relation to service.

The Veteran's service-connected disabilities, including his broken nose, headaches and sinusitis, right foot conditions, and lumbosacral strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU on both an extraschedular basis prior to March 13, 2023, and on a schedular basis since that date.

The Veteran's lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome is currently rated at 20 percent, which does not meet his claim for a higher rating.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and development of records. The AOJ should clarify whether the Veteran wishes to pursue a claim for benefits related to glioblastoma, and further examination is needed for his psychiatric disability, OSA, left knee disorder, bilateral hand complaints, and CFS.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD with major depressive disorder and obstructive sleep apnea, have rendered him unable to secure or follow substantially gainful employment since January 18, 2022.

The Board has granted service connection for obstructive sleep apnea, a left ankle disability, and bilateral pes planus. The Veteran's stomach disability is remanded for further examination.

The Board has determined that the VA examinations and opinions provided were inadequate, as they did not consider the Veteran's lay statements about his in-service injuries. The claims for service connection are therefore being remanded to allow for further examination and opinion.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's obstructive sleep apnea and his military service or any service-connected conditions, including PTSD, sinusitis, and rhinitis with hypertrophy of the nasal turbinates.

The Veteran's claims for abdominal muscle strain, constipation, and OSA have been denied as she does not have current diagnoses of these conditions.,Her low back disorder (claimed as scoliosis/lordosis) is remanded due to the need for additional medical examination and opinion regarding its etiology.,The Veteran's right and left knee disorders are also remanded, with a focus on determining their relationship to service-connected shin splints.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder, finding that there is at least a 50% likelihood that his sleep apnea was proximately due to or aggravated by his PTSD.

The Veteran's OSA and PTSD have been granted service connection, but the rating for PTSD remains at 70 percent.