Sleep apnea decisions — 2023

The Board has decided to remand the cases of sleep apnea and hypertension for further development.

The Board has denied service connection for bilateral hearing loss, hypertension, headache disorder (claimed as panic attacks), and sleep apnea. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has dismissed the appeal for a rating in excess of 40 percent for lumbosacral strain. The case is remanded to address the earlier effective date for total disability based on individual unemployability (TDIU).

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is not related to his service, and thus denied the claim for service connection.

The Board has determined that a VA examination is needed to determine if the Veteran's current obstructive sleep apnea is related to service, and thus remands the case for this purpose.

The Board has decided that the Veteran's sleep apnea may have developed during service, but needs further evaluation to determine if it is related. The case is sent back for a new opinion.

The Veteran's sleep apnea is currently rated at 50 percent, but the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right shoulder strain is currently rated at 40 percent, which is the maximum schedular rating permitted for limitation of motion of the arm of the major extremity.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that there is at least reasonable doubt as to whether his condition is related to military service due to exposure to burn pits. The decision resolves any doubts in favor of the Veteran.

The Veteran's appeals for earlier effective dates for service connection and SMC were dismissed as they did not meet the procedural requirements under the modernized review system (AMA).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current diagnosis of OSA first manifested during active duty service.

The Veteran's service-connected lumbar spondylolysis is found to be the primary cause of his obstructive sleep apnea, and he is granted service connection for OSA as secondary to this condition. The effective date remains April 28, 2000.

The Board has dismissed all claims of service connection for various ankle and knee conditions, as well as a shoulder strain post rotator cuff tear and lumbosacral strain. The Veteran requested withdrawal of the appeal in October 2023.

The Veteran's obstructive sleep apnea is granted as service connected, with the Board finding that it began during his active military service.

The Board has denied the Veteran's claims for service connection for prostate disability, GERD, and OSA. The cases are being remanded to obtain additional medical opinions addressing the Veteran's in-service symptoms and current diagnoses.

The Veteran's service-connected disabilities, including panic disorder with agoraphobia, lumbosacral strain, and paroxysmal atrial fibrillation, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has denied service connection for various conditions including right hand, left hand, right knee, left knee, right hip, left hip, bilateral eye disorder (including cataracts), erectile dysfunction, vitamin deficiency, low blood pressure and sleep apnea. The claims are remanded for a VA examination to determine the etiology of the Veteran's cervical spine disorder.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is being remanded due to the submission of new and relevant evidence. The Board finds that a new examination is needed to determine if his OSA began in or is otherwise etiologically related to his active service.

The Veteran's psychiatric disability claim was denied as there is no competent evidence of a current diagnosis.,Service connection for asthma was granted based on the persuasive opinion linking it to service.

The Board has determined that the Veteran's service connection claim for obstructive sleep apnea should be remanded due to a pre-decisional error and need for additional evidence, including a VA examination.

The Board has decided to remand the case due to a duty to assist error regarding whether the Veteran's obstructive sleep apnea is aggravated by service-connected coronary artery disease.