Sleep apnea decisions — 2023

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of the Veteran's sleep apnea, as well as whether his service-connected disabilities cause or aggravate obesity, which in turn may affect his sleep apnea.

The Veteran's lumbosacral strain is granted a 40 percent rating, effective from the date of claim. Service connection for other specific trauma-related disorder and bilateral lower extremity radiculopathy are also granted.

The Board has remanded the claim of service connection for sleep apnea due to a lack of diagnosis during service and exposure to burning trash.

The reduction of the rating for lumbosacral spine degenerative disc disease from 40 percent to 10 percent, effective December 1, 2018, was improper and the 40 percent rating is restored. The Veteran's claim for a rating in excess of 40 percent for lumbosacral spine degenerative disc disease is granted.

The Board has remanded the cases due to inadequate rationale in the previous opinions and the need for further clarification regarding the Veteran's service connection claims.

The Board denied the Veteran's claim for service connection for a skin condition, including rosacea and papulopustular rash, due to Agent Orange exposure. The evidence did not show a diagnosis of chloracne or any chronic skin condition related to service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current disability did not begin during active service and is not related to any in-service injury or event.

The Board has remanded the Veteran's claims for obstructive sleep apnea, erectile dysfunction, right shoulder disability, left shoulder disability, and right knee disability due to insufficient medical opinions addressing secondary service connection. The RO is requested to obtain additional VA treatment records, resubmit a buddy statement from J.F., and provide addendum VA medical opinions on the etiology of these disabilities.

The Veteran's claim for a compensable disability rating for hypertension has been denied.,The Board has also remanded the Veteran's claims for service connection for sleep apnea and headaches, both of which are secondary to his service-connected PTSD.

The Veteran's claim for service connection for an acquired psychiatric disorder, CAD, and OSA has been granted. The effective dates for the grants of service connection are September 20, 2016.,Issues regarding ratings for radiculopathy of the LUE, cervical spondylosis with DJD, DDD, and IVDS, and peripheral neuropathy of the RUE have been remanded.

The Board has remanded the Veteran's claims for GERD, hypertension, skin condition, sleep apnea, nosebleeds, right wrist condition, and left hip condition due to inadequate VA medical opinions. The Veteran contends that these conditions are secondary to his service-connected knee disabilities.

Service connection for irritable bowel syndrome, sleep apnea, left ear hearing loss, and tinnitus is denied.,PTSD disability rating in excess of 70 percent is denied. Total disability rating due to individual unemployability (TDIU) is granted.

The Veteran's appeals for CUE in a January 20, 2015, rating decision denying sleep apnea and service connection for a low back disability are dismissed due to the procedural requirements not being met under the modernized review system (AMA).

The Board has remanded the claims of service connection for obstructive sleep apnea and a right eye disability due to potential exposure to toxic environmental agents (TERAs). The Veteran's STRs, military occupational specialties, and reports of childhood trauma are considered. A clinical opinion is needed that addresses whether there is at least as likely as not a nexus between the disabilities and the Veteran's TERAs.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not caused by his service-connected PTSD.

The Board denied the Veteran's claim for service connection for sleep apnea because no new and relevant evidence was submitted to show a link between his current condition and his military service.

The Veteran's claims for service connection for sleep apnea and migraines are being remanded due to inadequate medical opinions. The Board requires an addendum opinion addressing both causation and aggravation of the conditions, as well as a separate opinion on whether the migraines were aggravated by PTSD.

The Board has granted service connection for chronic fatigue syndrome, fibromyalgia, chronic headaches, lower back disability, sleep apnea, and hypertension, all of which are found to be directly related to the Veteran's active-duty service.

The Board has remanded the claims of service connection for depression, anxiety, and OSA due to a failure to obtain VA examinations. Service connection for tinnitus remains denied.

The Board has denied service connection for multiple conditions, including right hip disorder replacement, eczema, right shoulder rotator cuff chronic residuals, degenerative disc disease of the cervical, hypertension, left shoulder rotator cuff chronic residuals, right knee DJD, left hip disorder replacement, and lumbosacral neuritis radiculitis thoracic, all of which are determined to not be related to service.