Sleep apnea decisions — 2023

The Veteran's lumbar spine and cervical spine disabilities are granted service connection, but his sleep apnea is denied. The case for the cervical spine disability is remanded.

The Board has dismissed the appeal regarding entitlement to service connection for a low back disorder and sleep apnea due to their withdrawal by the Veteran's authorized representative. The remaining issues of rating PTSD, including whether the reduction was proper, and TDIU are being remanded for further review.

The Veteran's appeal for increased ratings for right shoulder, bilateral wrist, and lumbar spine disabilities is being remanded due to inadequate examination reports that do not account for the functional impact of flare-ups.

The Veteran's hypertension and obstructive sleep apnea were not shown as chronic in service or within one year of separation, and there is no evidence linking these conditions to his military service. The Board denied service connection for both conditions.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.

The Board denied service connection for bilateral hearing loss, tinnitus, and OSA as secondary to service-connected disabilities based on substitution. Service connection was granted for tinnitus based on substitution.

The Veteran's claims for increased ratings for lumbosacral strain with intervertebral disc syndrome and associated left lower extremity radiculopathy are being remanded due to the need for a new VA examination.

The Board has granted service connection for right ear hearing loss but remanded the issue of service connection for obstructive sleep apnea due to insufficient evidence.

The Board has granted service connection for lumbosacral spine degenerative arthritis with degenerative disc disease, finding that the Veteran's current disability is at least as likely as not caused by his military service. The other issues on appeal are either denied or remanded.

The Veteran's application to reopen the claim of service connection for sciatica, right lower extremity was granted. Service connection for obstructive sleep apnea as secondary to service-connected disabilities is also granted. The claims for service connection for sciatica, right lower extremity (secondary to chronic lumbar strain) and a disability rating in excess of 10 percent for iliotibial band syndrome, bilateral knees are remanded.

The Board has remanded the case due to insufficient evidence regarding service connection for OSA, including as secondary to diabetes mellitus type II and due to exposure to herbicide agents (Agent Orange). The Veteran's claim is pending on these issues.

The Veteran's claim for service connection for hiatal hernia was denied as there is no evidence of a current diagnosis.,Service-connected hypertension has not been rated higher than noncompensable since the onset of the appeal.

The Veteran's service connection claim for obstructive sleep apnea is granted, and the appeal for compensation under 38 U.S.C. § 1151 for sleep apnea is dismissed.

The Veteran's bilateral eye traumatic angle recession with pigmentary dispersion, peripheral vestibular disorder, PTSD with TBI, lumbosacral strain, right shoulder degenerative joint disease, right knee strain, and right hip degenerative joint disease are all granted. The rating for the peripheral vestibular disorder is increased to 30 percent prior to June 15, 2022. The Veteran's PTSD with TBI remains at a 70 percent rating. The lumbosacral strain is rated at 20 percent. The right shoulder degenerative joint disease and right knee strain are both denied higher ratings. The right hip degenerative joint disease based on limitation of flexion is also denied.

The Board found that the Veteran's service-connected disabilities did not render him unemployable, as his education and work history were considered. The evidence showed he could perform sedentary work despite his conditions.

The Veteran's claims of increased rating for prostate cancer and service connection for obstructive sleep apnea are being remanded due to the addition of new evidence that has not been previously considered by the AOJ.

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The Board has denied the Veteran's claims for service connection for a lumbosacral strain, bilateral knee disorder, headaches, sinus disorder, and gastrointestinal (GI) disorder. The Board found that there was no evidence of in-service incurrence or chronicity of these conditions, and the medical opinions provided did not support a nexus to service.

The Board has granted service connection for diabetes mellitus, hypertension, sleep apnea, prostate cancer, rectal cancer, and umbilical hernia. Service connection is also granted for chronic kidney disease secondary to diabetes mellitus and hypertension, as well as anemia secondary to chronic kidney disease.

The Board has denied service connection for right hand, left hand, and headache disabilities. The remaining issues of service connection are remanded due to insufficient evidence.