Sleep apnea decisions — 2023

The Board has granted service connection for right knee degenerative arthritis, finding that the Veteran's current condition is related to his military service and manifested within one year of separation.,Service connection was denied for a lumbar spine disorder due to lack of evidence showing its onset during service or within one year post-service. The Veteran's current sleep apnea claim was also denied as there was no diagnosis found in the medical records.

The Board has determined that the development conducted does not comply with the January 2020 Board remand. The Veteran's sleep apnea is being remanded for an addendum VA medical opinion to address the nature and etiology of his condition, including whether it had its onset during service or was caused by a service-connected disability.

The Veteran withdrew his appeals regarding service connection for diabetes mellitus type II, bilateral lower extremity neuropathy, and bilateral upper extremity neuropathy. The appeal for obstructive sleep apnea was dismissed as the Veteran requested withdrawal.

The Veteran's petition to reopen his service connection claim for back conditions is granted. The Board finds that the evidence received since the January 1985 rating decision raises a reasonable possibility of substantiating the claims, and thus grants the petition. However, the case is remanded due to insufficient medical opinion regarding the etiology of the Veteran's current back conditions.

The Veteran withdrew his appeal for an initial compensable rating for bulimia nervosa, and the Board has dismissed the case as a result.

The Board has decided to remand the case due to inadequate examination and new evidence, requiring a new VA opinion on whether the Veteran's sleep apnea is related to his service-connected asthma and bronchitis.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected acquired psychiatric disorder. The examiner must provide an opinion on both the proximate cause and aggravation aspects of this claim.

The Board has granted a 20 percent rating for lumbosacral strain, which is the maximum available under VA regulations.

The Veteran's OSA is currently rated at 50 percent, and the Board finds that a higher rating is not warranted as his condition does not meet the criteria for chronic respiratory failure with carbon dioxide retention or cor pulmonale.

The Veteran's claim for a higher rating for PTSD has been granted, with the effective date being October 23, 2015. The Veteran also received service connection for sleep apnea and his right ear hearing loss was granted on appeal.

The Board has granted service connection for the Veteran's pulmonary disease, including asthma and COPD, as well as obstructive sleep apnea (OSA), finding that these conditions are related to his time in Afghanistan where he was exposed to burn pits.

The Veteran's claims for service connection have been reopened and granted for allergic rhinitis/sinusitis and sleep apnea. The left knee, right wrist, erectile dysfunction (ED), and headaches claims are still pending and will be remanded.,Service connection has been established for allergic rhinitis/sinusitis and sleep apnea.

The Board has granted service connection for a sleep disorder, including obstructive sleep apnea, finding that the Veteran's current condition is causally related to his in-service symptoms and persistent issues with sleeping.

The Veteran's sleep apnea is granted as secondary to his service-connected psychiatric condition. The prostate condition and inguinal hernia are denied as not related to service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no current diagnosis of sleep apnea and giving more probative weight to the competent medical evidence which reflects that the Veteran does not have sleep apnea.

The Veteran's service connection claims for obstructive sleep apnea and a lumbar spine condition are remanded due to the need for additional medical opinions.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to January 11, 2020 and 10 percent thereafter. The Veteran's IBS has not been found to meet the criteria for a rating greater than 10 percent.,Service connection for sleep apnea secondary to service-connected PTSD is remanded.

The appeal for PTSD, also claimed as sleeping disorder, has been withdrawn. The claim for bilateral trench foot is denied due to lack of evidence linking the condition to service. The claims for bilateral plantar fasciitis and gastrointestinal disorder are remanded for further review. The claim for sleep apnea is also remanded.

The Veteran's service connection claim for sleep apnea is granted as the evidence shows that his current condition had its onset during service.

The Veteran's sleep apnea, lumbar spine disorder, right ankle disorder, and tinnitus are all granted service connection.,Service connection for the left knee disability and bilateral high frequency hearing loss was initially granted in March 1997 with an effective date of December 30, 1996. The Veteran's appeal to increase these effective dates is denied.