Sleep apnea decisions — 2023

The Board has reopened the Veteran's claims for sleep apnea and chronic headaches due to new and material evidence. The claims are now remanded for further development, including obtaining medical opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected asthma and whether his chronic headaches are caused or aggravated by his service-connected PTSD.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, and knee conditions, have rendered him unable to secure or maintain substantially gainful employment.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to her service. The Veteran claims that she experienced symptoms of fatigue, snoring, and daytime sleepiness during service which are recognized as symptoms of sleep apnea.

The Veteran's claim of service connection for a cervical spine disability, right fifth finger injury, and sleep apnea has been remanded due to the need for additional medical opinions.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's sleep apnea, specifically whether it is related to service exposure to chemicals/toxins.

The Veteran's claim for a higher rating for PTSD is granted with a 70 percent rating from April 22, 2015 to November 2, 2022. The claim for an increased rating for PTSD in excess of 70 percent is denied.,The Veteran's claims for service connection for sleep apnea and TDIU are remanded.

The Board has remanded the Veteran's claims of service connection for gout, right knee strain, obstructive sleep apnea, heart block with dilated cardiomyopathy, and hypertension due to inadequate VA examination.

The Veteran's claims of service connection for right ear hearing loss and sleep apnea are being remanded due to improper filing of the RAMP election form, but jurisdiction remains with the Board. The issues will be returned to the RO for issuance of a Statement of the Case (SOC).

The Veteran's service connection claim for obstructive sleep apnea is granted. The Board has also remanded several other issues due to the need for additional evidence and/or a new examination.

The Veteran's appeal for service connection for chronic fatigue syndrome is dismissed. The Veteran's claim for tinnitus is granted, with reasonable doubt resolved in his favor. The appeals for nocturnal enuresis and sleep apnea are remanded. The Veteran's PTSD rating is also remanded.

The Veteran's claims for rhinosinusitis and chronic allergic conjunctivitis have been denied as there is no evidence of current conditions or a link to service.,The Veteran's lumbosacral strain, left shoulder rotator cuff injury, and migraine headaches are remanded due to the need for additional medical opinions.

The Veteran's claims for service connection for a left shoulder disorder and sleep apnea were denied. The claim for an initial rating higher than 10 percent for the lumbosacral strain prior to November 19, 2015 was denied, but he is now granted a 40 percent rating from that date onward.

The Veteran's PTSD is rated at 70 percent, and the Board denied a higher rating. The Veteran was granted TDIU based on her service-connected disabilities.

The Board has remanded several issues, including the increased rating for left wrist disorder and the increase in disability ratings for bilateral hearing loss, dermatitis, and left great toe disorder. Service connection for hepatitis C and obstructive sleep apnea remains denied.

The Veteran's disability rating for lumbosacral strain and degenerative disc disease was increased to 20 percent effective December 21, 2021.

The Veteran's lumbosacral strain was evaluated at various stages with ratings ranging from 10% to 40%. The Board found that the evidence did not support a higher rating for any of these periods.

The Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea, is denied because the evidence does not support a finding that his current sleep disorder is related to his service-connected acquired psychiatric disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection of various knee, hip, and nerve conditions. The reduction in rating for right knee osteoarthritis from 20% to 10% was also found improper.

The Board has determined that the appeal was improperly docketed and remands the case for issuance of a Statement of the Case (SOC) regarding the issue of entitlement to service connection for sleep apnea.

The Board has granted service connection for degenerative arthritis of the lumbosacral spine, degenerative disc disease of the cervical spine, and impingement syndrome with a partial rotator cuff tear of the left shoulder based on credible evidence of in-service injury.