Sleep apnea decisions — 2023

The Veteran's lumbosacral strain, bilateral pes planus, degenerative arthritis with instability of the left knee, and degenerative arthritis with instability of the right knee are all granted service connection. The Veteran's tinnitus is also granted service connection.,However, chronic fatigue syndrome, right ear hearing loss, a right ankle disorder, and a left ankle disorder remain pending for further review.

The Board has decided to remand the case due to insufficient opinion regarding whether sleep apnea is aggravated by service-connected deviated nasal septum. The Veteran's claim will be reviewed again with a more detailed medical opinion.

The Veteran's sleep apnea was granted service connection, but the claim for an acquired psychiatric disorder remains pending as there is no current diagnosis.

The Veteran's claim to service connection for obstructive sleep apnea has been reopened, but the Board finds that a remand is necessary due to insufficient evidence regarding whether his current condition is related to service or caused by his service-connected major depressive disorder.

The Board has remanded the Veteran's claims for increased rating and service connection for lumbar spine degenerative arthritis and obstructive sleep apnea due to insufficient examination findings, lack of information regarding flare-ups, and need for additional medical records. The Veteran is also requested to provide private medical records related to his service-connected lumbar spine degenerative arthritis.

The Board has remanded the Veteran's claims for service connection for various disabilities, including an acquired psychiatric disability and secondary to his service-connected hearing loss, tinnitus, and/or benign paroxysmal positional vertigo. The issues are inextricably intertwined with the claim of service connection for an acquired psychiatric disability.

The Veteran's claim for an initial compensable disability rating for loss of teeth is denied. The Board has also remanded several other issues including the claims for OSA, numbness and tingling in the face, sternocleidomastoid facial muscle impairment, right knee disability, bilateral falling arches (flat feet), left foot degenerative joint disease, right foot degenerative joint disease, migraines and/or headaches, as well as service connection for TMJ.

The Board has remanded the claims for service connection for various conditions, including a facial disability, left and right knee disorders, sleep condition, PTSD, and an acquired psychiatric disorder. The claims are being reviewed due to new evidence received since the last final rating decision.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep difficulties are separate from his OSA and caused or aggravated by his service-connected MDD with PTSD.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a relationship between his current condition and active duty service.

The Veteran's claim for a disability evaluation in excess of 20 percent for service-connected lumbosacral strain has been denied.,The Veteran's claims for service connection for residuals of a head injury (claimed as traumatic brain injury (TBI)), and a cervical spine condition, as secondary to service-connected left knee disability and/or lumbosacral strain have been remanded.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected bilateral knee disabilities. The examiner is asked to provide an addendum opinion addressing whether chronic NSAID usage for service-connected disability, and any fluid retention/shifts and respiratory depression it may produce, caused or aggravated the Veteran's obstructive sleep apnea.

The Veteran's claims for increased rating of low back disability and service connection for sleep apnea and headaches are remanded due to the need for additional examinations.,The Veteran's service connection claims for IBS and an enlarged heart have been withdrawn.

The Veteran's disability rating for lumbosacral strain prior to June 6, 2022 is denied. The Veteran's disability rating for lumbosacral strain since June 6, 2022 remains at 20 percent.

The Veteran's OSA is rated at 50% from September 30, 2014. Her diabetes and migraines are not rated higher.

The Veteran withdrew his appeal of the diabetes mellitus and service connection for sleep apnea claims before a decision was made by the Board.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal as he died during its pendency.

The Board has remanded the claims for sleep apnea, irritable bowel syndrome, scarring of the occipital scalp, and degenerative disc disease of the lumbar spine. The Veteran's service connection claims are being reviewed due to incomplete in-service records and new examinations are required.

The Veteran's claim for service connection for obstructive sleep apnea, claimed as secondary to his major depressive disorder, has been reopened. The case is remanded due to the need for a new medical opinion regarding causation and aggravation.

The Board has remanded the Veteran's claims for a headache disorder and obstructive sleep apnea, as they were not adequately addressed in previous VA examinations.