Sleep apnea decisions — 2023

The Veteran's claims for increased evaluations of her lumbar strain, left shoulder adhesive capsulitis, and cervical spine disability have been denied as the evidence does not support a higher rating under the applicable criteria.

The Board has remanded the claims for service connection due to a change in law regarding causation standards and because of insufficient reasoning provided by previous opinions. The Veteran's vertigo, anemia, obstructive sleep apnea, eye disability, and GERD are all being reviewed again with new medical opinions.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea. The claim will be reviewed again with a new VA examination.

The Board has remanded the Veteran's claims for service connection for fibromyalgia, gastroesophageal reflux disease (GERD), and obstructive sleep apnea due to inadequate examination and opinion findings. The claims are being returned for further development.

The Board has dismissed all service connection claims due to the Veteran's death.

The Veteran's OSA and back condition are granted, with a 20% rating for the back condition effective October 30, 2014. The issue of an increased rating for the back condition is remanded.

The Board has remanded the cases for further development and examination to determine if there are current disabilities related to service, including sleep apnea, left knee conditions, right knee conditions, and a left shoulder condition.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA), finding that it is proximately due to his service-connected tinnitus.

The Board has remanded the claims for service connection for sleep apnea and chronic obstructive pulmonary disease due to insufficient consideration of the Veteran's assertion that his major depressive disorder prevented him from using a CPAP mask, which resulted in poor quality of sleep.

The Board has denied service connection for sleep apnea and remanded the remaining issues due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection and TDIU due to inadequate VA medical opinions in previous decisions. The case is being returned for further development.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a TDIU on an extraschedular basis from January 2018.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for additional development, including medical opinions and a toxic exposure risk activity examination. The appeal will be considered under new evidence.

The Veteran's back disability is rated at 40 percent from December 11, 2019. The rating is granted as the evidence supports a flexion limitation of 30 degrees or less.

The Veteran's claims for service connection for right knee, left foot, and left hand disabilities are denied as the evidence does not support a current disability or link to his in-service fall.,The Veteran's claim for hypertension is remanded due to insufficient competent medical evidence to determine if it is proximately due to or aggravated by his service-connected PTSD.

The Board has granted the request to readjudicate the claim for bilateral flatfoot. The claim for secondary service connection for obstructive sleep apnea as related to PTSD and obesity is remanded due to new evidence received since the last decision. The claim for gastroesophageal reflux disorder (GERD) and bilateral hearing loss are also remanded.

The Veteran's appeal to reopen claims for sickle cell anemia was dismissed. Claims for digestive disorder, headaches, high blood pressure, sinus disorder, and sleep apnea were granted. The remaining issues of service connection for vision disorder, chronic fatigue syndrome, joint pain, and psychiatric disorders are remanded.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to June 16, 2014, and in excess of 40 percent thereafter for degenerative disc disease (DDD) with lumbosacral strain, to include intervertebral disc syndrome (IVDS), as well as his claim for a separate compensable rating for bilateral lower extremity radiculopathy of the sciatic nerve. The Veteran's entitlement to a TDIU has also been raised and is being remanded.

The Veteran's claim for a thoracolumbar spine disorder other than lumbosacral strain and osteoarthritis, including ankylosing spondylitis, was denied as there is no evidence of a current diagnosis or manifestations that meet the criteria for service connection.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to unclear functional loss assessments in previous VA examinations. Further evaluations by medical professionals are needed.