Sleep apnea decisions — 2023

The Veteran's right knee instability is granted a 10% rating effective January 31, 2006. The increased rating claim for the right knee disability and compensable extension limitation are denied.

The Board has remanded the case due to inadequate compliance with previous remand directives, including obtaining a VA medical opinion regarding the etiology of the Veteran's Obstructive Sleep Apnea (OSA) and whether it is related to service or environmental exposures.

The Veteran's PTSD is rated at 70 percent, but not higher. The evidence does not show total occupational impairment.,Bilateral hearing loss is rated at zero percent (noncompensable).,Prior to September 9, 2020, lumbosacral strain with IVDS warrants a rating of 10 percent. From September 9, 2020, the Veteran's condition warrants a rating of 40 percent.,Left lower extremity radiculopathy was rated at 10 percent prior to September 9, 2020 and 20 percent from that date.

The Board has denied the Veteran's claim for service connection for sleep apnea and has remanded his claim for secondary service connection for erectile dysfunction.

The Board has remanded the claims of service connection for heart disease and obstructive sleep apnea due to insufficient evidence regarding their onset during service or relationship to a service-connected disability. The examiner is requested to provide opinions on whether any heart disease or OSA had its onset during service, is otherwise related to an in-service injury, event, or disease, and if so, whether it was caused or aggravated by the Veteran's service-connected hypertension.

The Board has remanded the claim for service connection of a lumbar spine disability, as the Veteran's representative contends that continuity of symptomology is present and challenges the rating decision's ruling. The request for private treatment records from Dr. S.G. or other practitioners is made to clarify the continuity of symptoms prior to 1989.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.

The Board has remanded the Veteran's claims for right wrist disability, obstructive sleep apnea, hypertension, heart disease, and diabetes mellitus, type II due to service exposure in Korea. The claims are being returned for additional development.

The Veteran's claim for an initial rating in excess of 20 percent for lumbosacral strain with intervertebral disc syndrome is being remanded due to the need for a thorough VA examination and additional medical records.

The Veteran's bilateral eye disability is denied as there is no evidence of a superimposed disease or injury that created additional disability.,The Veteran's sleep apnea, headache conditions, sinus condition, erectile dysfunction, back disability, bilateral hip disability, and bilateral knee conditions are all denied as the evidence does not show these conditions began during service or within one year after separation from service.

The Veteran's appeal includes multiple issues related to his service-connected conditions and new claims. The Board has determined that these matters are inextricably intertwined with the previously adjudicated issues, and thus must be remanded for further consideration.

The Board has remanded the case for further development due to inadequate opinions regarding service connection for sleep apnea, including whether it is related to asthma, chronic sinusitis, allergic rhinitis, and/or a left ankle disability.

The Veteran's service connection claim for sleep apnea was denied as the condition is not caused or aggravated by his service-connected disabilities.,Ratings greater than 20 percent were denied for left and right lower extremity femoral nerve radiculopathies, left and right lower extremity sciatic radiculopathies, and thoracolumbar spine degenerative disc disease (DDD).,PTSD was also denied as not productive of total occupational and social impairment.

The Veteran's claims for service connection have been dismissed due to his death. The appeals were not about the merits of these claims, but rather their jurisdiction.

The Veteran's claim for service connection for a cardiac disability, including ischemic heart disease, was denied. The claim for hypertension is granted due to the PACT Act presumption of service connection. Service connection for a sleep disorder and erectile dysfunction were also denied.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the etiology of the Veteran's sleep apnea and addressing environmental exposures in service.

The Veteran's service connection claim for sleep apnea has been granted. The rating for PTSD and left shoulder disability is remanded, as well as the TDIU claim.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding an addendum medical opinion on the etiology of sleep apnea and whether obesity was a substantial factor in causing it.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's service-connected PTSD aggravated his OSA, and for obtaining updated VA treatment records.

The Board denied service connection for Obstructive Sleep Apnea, finding that the evidence does not show a link between the condition and service. The Board also denied service connection for a Right Knee Disorder, concluding there is no evidence showing it was incurred in-service or related to service-connected left ankle and left knee disabilities.,The Veteran's claims were based on his belief that his current conditions are linked to his military service, but the Board found insufficient medical evidence supporting these assertions.