Sleep apnea decisions — 2023

The Board denied a rating in excess of 10 percent for lumbosacral strain (previously rated as lumbosacral strain) prior to August 1, 2019. The evidence did not show the Veteran's condition met or approximated the criteria for a higher rating.

The Veteran's claim for an earlier effective date for the award of service connection for obstructive sleep apnea (OSA) associated with posttraumatic stress disorder (PTSD) is granted, and the earliest possible effective date is July 15, 2020.

The Board has remanded the cases for further development due to insufficient medical opinions and a need for additional evidence. The Veteran's claims for lumbosacral strain and nose bleeds are pending.

The Board has determined that there was a pre-decisional duty to assist error due to insufficient medical evidence and mischaracterization of the Veteran's appeal. The claim is remanded for an addendum opinion from the December 2021 VA examiner or another appropriate clinician.

The Board has denied the Veteran's claim for service connection for chronic fatigue syndrome. The claims of entitlement to service connection for hypertension, headaches, and sleep apnea are remanded due to incomplete personnel records.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have prevented him from securing and maintaining substantially gainful employment since September 30, 2020. As of that date, the Veteran is entitled to a total disability rating based on individual unemployability.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Board has decided that a remand is needed to correct a pre-decisional duty to assist error and to obtain a VA examination for the Veteran's sleep apnea claim.

The Veteran's claims for service connection for sleep apnea and chronic headache disability (tension headaches) have been denied as there is no link to military service.,The Board found that the Veteran's sleep apnea was not caused by or aggravated by his service-connected allergic rhinitis.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea and right shoulder condition due to a pre-decisional duty to assist error. The Veteran needs VA examinations to determine if his current conditions began in service.

The Board has remanded the Veteran's claims for service connection for varicose veins, sleep apnea, and headaches due to a pre-decisional duty to assist error. The claims are not yet decided.

The Board has decided to remand the case due to a failure to obtain a VA examination and expert medical opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's claim for service connection for obstructive sleep apnea was dismissed because the appeal was not timely filed and the application was incomplete.

The Board has granted service connection for fibromyalgia and sleep apnea, finding that the Veteran's conditions began in service.

The Veteran's claim for service connection for obstructive sleep apnea, secondary to PTSD and obesity has been granted. Additionally, his TDIU claim has also been granted.

The Veteran's lumbosacral spine disability was granted an initial rating of 40 percent. The Board found that the Veteran's lumbosacral spine disability warranted a 40 percent rating based on forward flexion limited to 30 degrees or less after repeated use over time and during flare-ups. Service connection for right knee, left knee, and bilateral hearing loss disabilities is remanded.

The Veteran's claim for service connection for hemorrhoids has been denied as no new and relevant evidence was received.,The Veteran's claim for service connection for a neck disability has been denied as no new and relevant evidence was received.,The Veteran's claim for service connection for an acquired psychiatric disorder (including PTSD, persistent depressive disorder, and anxiety disorder) has been granted based on the submission of new and relevant evidence.,The Veteran's claim for service connection for a sleeping disorder (diagnosed as sleep apnea) has been granted based on the submission of new and relevant evidence.

The Veteran's appeal includes claims for increased ratings for lumbosacral strain and GERD, as well as secondary service connection for nerve radiculopathy. The Board has determined that the issues of an increased rating for lumbosacral strain need to be remanded due to a lack of proper notice in the SOC. Additionally, efforts should be made to obtain SSA records and schedule the Veteran for a hearing.

The Board has granted an earlier effective date of October 28, 2015 for the grant of service connection for PTSD and lumbosacral strain (back condition).

The Veteran's claims for service connection for obstructive sleep apnea and gastroesophageal reflux disease (GERD) have been reopened. The Board finds that additional development is needed to determine the nature and etiology of these conditions, particularly in light of the PACT Act presumption of exposure.,A VA medical opinion will be obtained to address whether the Veteran's obstructive sleep apnea and GERD are related to his service, including any presumed burn pit exposures.