Sleep apnea decisions — 2023

The Veteran's claims for service connection for obstructive sleep apnea and TDIU have been dismissed because the Veteran opted into the Appeals Modernization Act (AMA) system, thus his claim cannot be adjudicated in the legacy system.

The Board has remanded the claims of service connection for sleep apnea and hypertension due to procedural issues.

The Veteran's low back disability is currently rated at 20 percent, effective July 19, 2023. The rating is denied for a higher rating prior to that date.

The Veteran's lumbosacral spine strain and right ankle sprain ratings have been reduced, but the reductions are being overturned due to lack of improvement in function under ordinary conditions.,Higher ratings for these disabilities are being remanded for further evaluation.

The Board has decided to remand the case due to insufficient information in a previous disability benefits questionnaire (DBQ) regarding other conditions that may cause snoring and irregular breathing. The examiner needs to provide an addendum opinion.

The Veteran's OSA is related to his military service and the appeal for left shoulder condition and right shoulder condition is remanded.

The Board has denied the Veteran's claim for service connection for pericarditis due to a lack of current disability during the pendency of his claim.,The Board has also remanded issues regarding whether new and material evidence has been received in order to reopen claims for hypertension, PTSD, and sleep apnea.

The Veteran's appeals for service connection and rating determinations have been dismissed due to the Veteran's request for withdrawal of these issues.

The Board has remanded the case due to a need for further development, including obtaining an addendum VA medical opinion regarding the Veteran's sleep apnea and its relationship to his service-connected back disability.

The Veteran's service-connected disabilities of PTSD, lumbosacral strain with IVDS, and right lower extremity radiculopathy have prevented him from securing or following a substantially gainful occupation. A TDIU is granted, but the claim for an increased rating for his back disability must be remanded to obtain relevant VA treatment records.

The Veteran's service-connected PTSD caused his obesity, which was a substantial factor in causing his sleep apnea. The Board granted the claim for service connection of sleep apnea as secondary to PTSD.

The Board has dismissed all claims as the Veteran passed away during the appeal process.

The Veteran's left knee surgical scars are denied as they do not meet the criteria for a compensable evaluation.,Rosacea, hypertension, and kidney cysts service connection claims are remanded due to inadequate opinions in the November 2021 VA examination.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his military service.

The Board denied service connection for blurred vision, fatigue, left hip degenerative arthritis, right hip degenerative arthritis, and obstructive sleep apnea.,New evidence received after the March 2020 rating decision did not provide new theories of entitlement or relevant information.

The Veteran's PTSD is rated at a 70 percent disability rating, effective July 29, 2018. Service connection for left shoulder condition and low back condition are granted.

The Board has dismissed the Veteran's claims for an increased evaluation for right ankle disorder, service connection for a cervical spine disorder, and service connection for OSA as these issues were already pending before the Board.

The Board has found that the Veteran currently meets the criteria for left ear hearing loss and OSA disabilities, but there are errors in the audiometric testing and VA examination records. The claims are being remanded to correct these issues.

The Board has remanded the Veteran's claims for service connection for various disorders, including back, right shoulder, left wrist, right knee, and ankle issues. The reasons include a lack of continuity of symptoms post-service and incomplete medical records.

The Board has dismissed all service connection claims due to the Veteran's death.