Sleep apnea decisions — 2023

The Board has remanded the cases due to insufficient evidence and the need for additional examinations.

The Veteran's claim for an increased evaluation in excess of 40 percent for lumbosacral strain is denied. The claim for total disability evaluation based on individual unemployability due to service-connected disabilities prior to January 23, 2015, is also denied.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and left lower extremity radiculitis disabilities, as well as his claim for service connection for sleep apnea. The Veteran is also being asked to provide additional evidence regarding obesity and its relationship to his sleep apnea.

The Veteran's service-connected PTSD, along with other disabilities such as left knee instability and lumbosacral strain, rendered her unable to secure and follow a substantially gainful occupation prior to March 12, 2020.

The Veteran's claim for service connection for tinnitus was granted, as she testified that her symptoms began during active duty due to noise exposure from working around airplane engines.,Service connection for bilateral hearing loss was denied because the Veteran does not have a current disability meeting VA criteria.

The Veteran's lumbosacral strain is found to be related to his service, and he is granted a 30% rating for this condition.,His left knee meniscal tear, right hip arthritis, and left hip arthritis are all found to be aggravated by his service-connected bilateral foot disabilities, and he is granted a 30% rating for each of these conditions.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected bilateral knee disability, and thus grants service connection for this condition.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected lumbar spine DDD.,Service connection for obstructive sleep apnea is granted based on credible evidence of in-service symptoms and continuity of symptoms following discharge from service.

The Veteran's left shoulder disorder is not service-connected, and his thoracolumbar spine disability remains at a 40% evaluation. The right lower extremity peripheral neuropathy associated with the thoracolumbar spine disability is remanded for further development.

Your claim for service connection for obstructive sleep apnea has been fully granted, and the matter is dismissed as there are no remaining issues to be decided.

The Board has granted service connection for an acquired psychiatric disorder (claimed as depression and anxiety disorder) but denied service connection for obstructive sleep apnea. The psychiatric condition is found to be related to the Veteran's service-connected right upper extremity radiculopathy and cervical strain, while the sleep apnea is not considered due to in-service exposure or a service-connected disability.

The Board has determined that there was a clear and unmistakable error in the July 2010 rating decision, which granted service connection for sleep apnea. The effective date is set at September 1, 2005, based on new evidence added to the claims file after the October 2005 denial.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a diagnosis during service and insufficient evidence to link post-service sleep apnea to his military service.

The Board has remanded the issues of service connection for bilateral hearing loss, OSA, and diabetes mellitus due to conflicting evidence regarding their onset during active duty or within one year after separation.,Service connection cannot be established as there is no showing that these conditions were incurred or aggravated by active duty service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sleep apnea, left foot sprain, left ankle disability, and patellofemoral pain syndrome of the left knee.

The Board has decided to remand the claims for service connection for Type II Diabetes Mellitus, Hypertension, and Sleep Apnea due to insufficient compliance with prior instructions.

The Board has remanded the Veteran's claims for left upper extremity, right upper extremity, left lower extremity, and right lower extremity peripheral neuropathy; hepatitis C; dizziness; hypersensitivity to light and noise; diarrhea; fainting disability; sinus disability; bronchitis; GERD; headache disability; hypertension; chronic fatigue syndrome; sleep apnea; erectile dysfunction; chest pain disability; and acquired psychiatric disorder. The claims are remanded for the following: obtaining VA treatment records, private treatment records, Social Security Administration records, and completing a TDIU application form; providing adequate VA examinations for sinus, respiratory, GERD, headache, hypertension, chronic fatigue syndrome, sleep apnea, erectile dysfunction, and chest pain disabilities; and providing an examination to determine if any acquired psychiatric disability is related to service.

The Board has determined that the Veteran's obstructive sleep apnea began during service and is related to his in-service weight gain, granting service connection for this condition.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his in-service experiences and his current condition. The VA examiner concluded that the Veteran's sleep apnea was not caused by or related to any incident of service or a service-connected disability.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted TDIU from February 7, 2011, to November 5, 2020.