Sleep apnea decisions — 2023

The Veteran's service connection claims for degenerative arthritis of the thoracolumbar spine, tinnitus, headaches, allergic rhinitis, and OSA are all granted.,Service connection is established for bilateral hearing loss due to the dismissal of the appeal.

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's current sleep apnea is caused or aggravated by her service-connected psychiatric disorder.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 26, 2010. Effective that date, the Veteran is granted an effective date for his TDIU and eligibility to Chapter 35 Dependents' Educational Assistance.

The Board has granted service connection for obstructive sleep apnea. The claims of service connection for glaucoma and headaches are remanded.

The Board has remanded the case due to errors in developing the theory of direct service connection and obtaining an adequate medical opinion on the theory of secondary service connection.

The Veteran's appeal for increased evaluation of right knee chondromalacia was denied as the evidence did not support a higher rating prior to March 2018. The appeals for left knee condition, hypertension, lower back with bulging disc (now claimed as low back condition), sleep apnea, and right hip trochanteric bursitis, mild osteoarthritis were all denied.

The Board has decided to remand the case due to an inadequate examination that did not consider the possible etiological relationship between the Veteran's service-connected lumbar spine disability and his currently diagnosed OSA.

The Board has decided that the Veteran's claims for service connection for PTSD and OSA, secondary to PTSD should be remanded due to a duty to assist error in the initial rating decision.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) due to the Veteran's contentions and medical opinions, finding that OSA had its onset in service and continues to this day.

The Veteran's OSA is rated at a 50 percent rating, but no higher, since the onset of aggravation by his service-connected PTSD. The pre-aggravation baseline severity for OSA most nearly approximates an asymptomatic sleep apnea with only sleep disorder breathing issues under Code 6847.

The Veteran's lumbosacral radiculopathy of the left lower extremity is granted a 20% rating, effective February 7, 2012. The Veteran's surgical scar of the lumbosacral spine is granted a 10% rating on and after September 19, 2019. The reduction in the rating for lumbosacral degenerative disc and joint disease from 20% to 10% is restored.

The Veteran's appeal for service connection for a left shoulder disorder has been withdrawn. The remaining issues have been remanded for further evaluation and clarification of the Veteran's conditions.,Issues related to right hip, right shoulder, left hip, bilateral hearing loss, heart disorder (to include CAD), sleep disorder (to include OSA), and chronic fatigue are being remanded for additional examination and analysis.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted since the most recent Supplemental Statement of the Case (SSOC). The issues will be reconsidered by the agency of original jurisdiction (AOJ) with consideration of this additional evidence.

The Board has decided to remand the claims of service connection for sleep apnea and PTSD due to additional development being necessary. The Veteran's lay statements and testimony will be considered, along with VA and private treatment records.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and therefore grants service connection for this condition as secondary to PTSD.

The Board denied service connection for OSA, right elbow disorder, bilateral shoulder disorders, and hypothyroidism. The denial is based on the lack of a medical nexus between these conditions and service or any service-connected disabilities.

The Veteran's OSA is granted as secondary to his service-connected left knee disability. The right knee issue is remanded for further examination and opinion.

The Board has determined that the Veteran's obstructive sleep apnea began during her military service and persists since then, supported by her lay statements and medical evidence. The claim is granted on a direct basis.

The Veteran's claim for higher ratings for lumbosacral strain with mild thoracic spondylosis and sciatic radiculopathy of the lower extremities was denied. The Board found that a rating higher than 20 percent for lumbosacral strain, separate compensable ratings for sciatic radiculopathy prior to August 12, 2018, and staged initial ratings for sciatic radiculopathy from August 12, 2018 to July 5, 2023 were not warranted.

The Board has determined that further remand is necessary to ensure compliance with VA's duty to assist in the evaluation of the Veteran's right shoulder, left ankle, and sleep apnea claims.