Sleep apnea decisions — 2023

The Board has remanded the Veteran's claims for service connection due to lack of cooperation from the Veteran and insufficient examination findings. The Veteran is required to undergo new examinations for his sleep apnea, erectile dysfunction, right arm disorder, low back disability, bilateral hip disabilities, bilateral shoulder disabilities, and left knee disability.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's claim for a rating of 50 percent for headaches has been granted. Other claims have been reopened and are pending further review.

The Veteran's service-connected musculoskeletal disabilities (arthritis of the back and knees) or hypertension caused his OSA, with obesity as an intermediate step.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a current disability related to service or service-connected disabilities.

The Board has granted service connection for cervicogenic headaches, but the case is remanded for further development regarding unspecified sleep apnea.

The Board has determined that the Veteran's sleep apnea had its onset during active service and granted service connection for this condition.

The Board has remanded the Veteran's claims for service connection for sleep apnea, hypothyroidism, and headaches due to insufficient medical evidence. The Veteran is required to undergo VA examinations to determine if his current conditions are related to service.

The Board has remanded the claims for service connection for hiatal hernia, GERD, and sleep apnea due to incomplete records and need for a VA examination.

The Veteran's claims for increased rating of left wrist disorder, service connection for migraine headaches, and service connection for lumbosacral strain have all been denied. The Board found that the evidence did not support a higher rating for the left wrist disorder or service connection for the other two conditions.

The Board has granted service connection for low back disability, right hip strain, and left hip strain. The Veteran is now receiving a 100% rating for PTSD.

The Board has granted service connection for obstructive sleep apnea, finding that it is as likely as not related to service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that the evidence does not support a finding that it began during active service or was otherwise caused by service.

The Veteran's appeal of the claim for an effective date prior to May 26, 2016 for service connection for degenerative arthritis of the lumbosacral spine has been dismissed.,The Veteran's appeals of the claims for higher initial disability rating for fibromyalgia and earlier effective date for service connection for fibromyalgia have been dismissed.,The Veteran's appeal of the claim for service connection for PTSD has been dismissed.,The Board has remanded the issue of entitlement to service connection for sleep apnea due to inadequate medical opinion provided in the previous VA examination.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was not approximately in balance evidence to support a causal connection between his current OSA and his service-connected PTSD.

The Veteran's low back disability was granted an initial 20 percent rating prior to December 1, 2017. From March 12, 2022 onwards, a higher rating is denied. Peripheral neuropathy of the lower extremities and radiculopathy are also rated at 10 percent.

The Board has remanded the claims for service connection for OSA secondary to PTSD and TDIU due to incomplete medical opinions and the need for additional VA treatment records.

The Board has remanded the case due to the need for additional development and opinions regarding whether the Veteran's service-connected lung disability or unspecified depressive disorder resulted in weight gain that led to his current sleep disorder.

The Veteran's tinnitus is granted as secondary to his service-connected bilateral hearing loss. The rating for cervical intervertebral disc syndrome (IVDS) and the service connection for sleep apnea are both remanded due to missing medical records.

The Veteran's claims for higher initial ratings for lumbosacral strain and asthma have been denied. The evidence does not meet the criteria for a rating in excess of 10 percent for lumbosacral strain, as there is no objective evidence of muscle spasms or guarding severe enough to result in an abnormal gait or spinal contour. For asthma, the evidence does not show at least monthly visits to a physician for required care of exacerbations or intermittent (at least three per year) courses of systemic corticosteroids.