Sleep apnea decisions — 2023

The Veteran's service-connected disabilities required him to be in need of regular aid and attendance, leading to the grant of special monthly compensation (SMC) based on the need for aid and attendance (A&A) from February 7, 2018.

The Board has denied service connection for bilateral tinnitus and remanded the issue of service connection for obstructive sleep apnea (OSA). The evidence does not support a finding that the Veteran's current tinnitus or OSA had onset during active service.

The Board has granted the petitions to reopen claims for service connection for various conditions, including right shoulder tendonitis, sinusitis, obstructive sleep apnea, a right ear hearing loss disability, back disability, left elbow disability, and left rib injury. Service connection is granted on de novo review.

The Board has granted service connection for left shoulder strain and lumbosacral strain, finding that the evidence is at least in equipoise on whether these conditions are related to active duty service.

The Board previously denied service connection for sleep apnea, but the Court has ordered a remand due to uncertainty in the June 2022 VA opinion regarding the relationship between the Veteran's cardiomyopathy and untreated sleep apnea.

The Board has granted service connection for lumbosacral strain and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbosacral strain.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, rendered him unable to work since October 2015. Effective from May 18, 2016, the Veteran is granted a TDIU and basic eligibility for Dependents' Educational Assistance (DEA).

The appeal for the claims of service connection for bilateral hearing loss, hyperlipidemia, and restless leg syndrome; and an effective date earlier than December 12, 2017 for the award of service connection for lumbosacral strain is dismissed.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities and/or resulting obesity.

The Board has remanded the Veteran's claims of service connection for bilateral pes planus, bilateral plantar fasciitis, and sleep apnea due to a procedural defect in the issuance of an SSOC. The case is returned to the AOJ for the issuance of an SSOC.

The Veteran's petition to reopen the previously denied service connection claim for erectile dysfunction as secondary to PTSD and unspecified depressive disorder with alcohol use disorder is granted. The Board finds that a remand is necessary due to deficiencies in the February 2020 VA examiner's opinion.,The Veteran's petition to reopen the previously denied service connection claim for sleep apnea as secondary to PTSD and unspecified depressive disorder with alcohol use disorder is granted. The Board finds that a remand is necessary due to deficiencies in the February 2020 VA examiner's opinion.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of evidence showing forward flexion of the thoracolumbar spine of 30 degrees or less.,Right lower extremity radiculopathy of the sciatic nerve has been assigned a separate 10 percent rating throughout the appeal period, and the Board finds that a higher rating is not warranted.

The Board has granted service connection for OSA secondary to service-connected physical disabilities with obesity as an intermediate step. Ratings of 20 percent have been granted for right and left retropatellar pain syndrome, right ankle degenerative arthritis, and left ankle degenerative arthritis from September 9, 2015. The Board denied ratings in excess of the assigned ratings for other conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected depressive disorder.

The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not proximately due to or aggravated by a service-connected disability.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of the appeal by his representative.

The Board has remanded the case due to inadequate examination and lack of substantial compliance with previous instructions. The Veteran's back pain is related to her military service, but the VA examiner's opinion was not sufficient for a decision.

The Board has denied service connection for a sinus disability and remanded the issues of service connection for allergic rhinitis and sleep apnea, as well as the TDIU claim. The Veteran's claims are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Board has remanded several issues, including service connection for right shoulder acromioclavicular joint osteoarthritis and asthma, due to insufficient evidence.,Service connection for hypothyroidism is also remanded.