Sleep apnea decisions — 2023

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been remanded due to a lack of an addendum opinion addressing the relationship between his PTSD and sleep apnea.

The Veteran's appeal for an initial disability rating in excess of 10 percent for right knee strain has been withdrawn and dismissed.,Service connection for lumbosacral strain and IVDS is denied due to lack of evidence showing a direct or secondary relationship to service.

The Board has remanded the claims for left hip joint pain, right hip joint pain, and lower back pain due to further development being needed. The Veteran's hip conditions are presumed to be related to toxic exposure during service.

The Board has determined that the Veteran's claims for service connection for recurrent sleep disability (obstructive sleep apnea) and recurrent headache disability (migraine) should be remanded due to a lack of a contemporaneous medical examination.

The Veteran's migraine headaches are granted a higher rating of 50% from April 27, 2019 to October 21, 2019. Other conditions have been granted service connection with effective dates ranging from January 11, 2012 to October 21, 2019.

The Veteran's ED and sleep apnea were not manifest during service, and are not otherwise etiologically related to such service.,The Veteran's right and left knee disabilities may be secondary to his service-connected bilateral pes planus (flat feet) and nonservice-connected right and left lower extremity calf strain. The Board finds that an addendum VA medical opinion is warranted.

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset during his military service and resolving all doubts in favor of the Veteran.

The Veteran's service-connected depressive disorder is found to be the primary cause of his diagnosed conditions, including NAFLD, IBS, GERD, diverticulosis of the colon, sleep apnea, and bilateral restless leg syndrome.,Service connection has been granted for these conditions as secondary to the Veteran's service-connected depression.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of September 28, 2018. The rating assigned is 50 percent.

The Veteran's lumbosacral degenerative disc disease with disc protrusions, status post microdiscectomy and hemilaminectomy is rated at 40 percent since April 18, 2022. The appeal for higher ratings remains pending as the issues of service connection for urinary disability and erectile dysfunction secondary to his service-connected back disability are remanded.

The Board has remanded the claims for service connection for obstructive sleep apnea and chronic uncontrolled allergic reaction due to unclear or incomplete opinions from previous VA examiners. The claims are being returned for addendum opinions that address whether these conditions are related to service, exposure to burn pits, or other relevant factors.

The Board has remanded the case due to insufficient evidence regarding exposure to burn pits and toxic substances, as well as the need for a TERA examination to determine the etiology of the Veteran's prostate cancer and sleep apnea.

The Board has remanded the Veteran's claims for service connection for back disorder, left shoulder disorder, and obstructive sleep apnea due to incomplete development of records and need for additional medical opinions.

The Board has granted a 10 percent rating for the Veteran's right great ingrown toenail. The remaining issues, including service connection for an acquired psychiatric disorder and other disabilities, are remanded due to new evidence.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected lumbosacral degenerative disc disease and sciatic radiculopathy of the lower extremities. The decision is based on medical opinions that the Veteran's sleep apnea was caused by his use of medications for his service-connected back conditions, which led to sleep fragmentation.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for sleep apnea as secondary to service-connected PTSD.

The Board denied service connection for complex sleep apnea, finding that the evidence did not support a link to active service or any service-connected condition.

The Veteran's hypertension, obstructive sleep apnea, and headache disorder are found to be due to his service-connected PTSD. The chronic back disorder is denied as there is no evidence of a chronic condition during active service.

The Board has dismissed the Veteran's claims for service connection due to a grant of service connection in September 2023, and there are no remaining issues for consideration.

The Board denied the Veteran's claim for service connection for a right leg disability, including as secondary to his service-connected lumbosacral strain. The issues of increased ratings for left lower extremity radiculopathy and lumbosacral strain due to spondylolysis L-5, S1 are remanded.