Sleep apnea decisions — 2023

The Veteran's claim for service connection for sleep apnea is granted, with an effective date of May 20, 1999.

The Veteran's lumbosacral strain is granted service connection. The cases for left shoulder condition and right shoulder rotator cuff tendonitis are remanded.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that his condition began in service and is related to his military service. The issue of bilateral hearing loss was withdrawn by the Veteran.

The Board has determined that new and relevant evidence has been presented to reopen the claim of service connection for obstructive sleep apnea. The Veteran's statements regarding in-service snoring, fatigue, and daytime sleepiness are considered, along with other medical records, to determine if there is a likelihood that his current diagnosis of sleep apnea had onset during active service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his sleep apnea is not causally related to his in-service exposure to herbicides and considering other evidence of record. The Board found the VA examiner's opinion highly probative.

The Board has decided that the Veteran's current obstructive sleep apnea (OSA) is not related to his active duty service and remanded for further examination.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected post-traumatic stress disorder (PTSD). The TDIU claim is being remanded due to potential impact on effective date and initial rating.

The Veteran's bilateral hearing loss was rated at a noncompensable disability rating from March 18, 2008 to January 8, 2015 and granted a 10% disability rating effective November 9, 2001 for his left ear hearing loss and April 23, 2007 for his right ear hearing loss. The Veteran is seeking a 10% disability rating from March 18, 2008 to January 8, 2015.,The Veteran's lumbosacral spine degenerative arthritis with DDD was rated at a noncompensable disability rating prior to October 19, 2020 and denied an increased rating. The Veteran is seeking a 40% disability rating from April 7, 2016.

The Board has granted service connection for sleep apnea as secondary to the Veteran's psychiatric impairment.

The Board has decided that the VA did not provide a necessary examination to determine if the Veteran's sleep apnea is caused by or aggravated by her service-connected PTSD. The case is being sent back for this purpose.

The Board has granted service connection for deviated nasal septum, traumatic and obstructive sleep apnea (OSA) as these conditions are related to the Veteran's in-service nose injury.

The Veteran's lumbosacral strain with IVDS and spinal fusion is rated at 20 percent, effective June 4, 2013.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected asthma.

The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.

The Veteran's claims for earlier effective dates for the award of service connection for type II diabetes mellitus and diabetic retinopathy with multiple microaneurysms are denied as his claim was not received until October 24, 2017.,The Veteran's claim for an increased rating for lumbosacral intervertebral disc syndrome with degenerative arthritis is remanded due to the possibility of a factually ascertainable increase in severity within one year prior to the receipt of his claim.

The petition to reopen a claim of entitlement to service connection for hypertension, claimed as high blood pressure is granted.,The petition to reopen a claim of entitlement to service connection for loss of sensation, numbness, and weakness in the bilateral upper extremities is granted.,The petition to reopen a claim of entitlement to service connection for obstructive sleep apnea is granted.,The petition to reopen a claim of entitlement to service connection for a back disability is granted.,The petition to reopen a claim of entitlement to service connection for a chronic pain disability is granted.,The petition to reopen a claim of entitlement to service connection for erectile dysfunction is granted.,The petition to reopen a claim of entitlement to service connection for bilateral flatfeet is granted.,The petition to reopen a claim of entitlement to service connection for GERD is granted.,The petition to reopen a claim of entitlement to service connection for hemorrhoids is granted.,The petition to reopen a claim of entitlement to service connection for hepatitis C is granted.,The petition to reopen a claim of entitlement to service connection for a cervical spine disability is granted.,The petition to reopen a claim of entitlement to service connection for a headache disability is granted.,The petition to reopen a claim of entitlement to service connection for a sinus disability is granted.,The petition to reopen a claim of entitlement to service connection for an eye disability, claimed as dry eyes and allergies is granted.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's sleep apnea and its relation to his in-service upper respiratory infection. The claim will be reviewed with a new medical examination.

The Board has remanded the claims for further development to obtain VA medical opinions and to review additional pertinent evidence, including VA treatment records from January 2017 to May 2021.

The Board has remanded the case due to new evidence and for additional medical opinions regarding the Veteran's obstructive sleep apnea, including whether it is related to service or secondary to his service-connected psychiatric disability.

The Board has determined that additional development is necessary for the claims of service connection for various disorders, including foot fungus, nose disorder, back disorder, asthma, psychiatric disorder, sleep apnea, and hearing loss. The appeals are being remanded to obtain clarification on private treatment records and to schedule VA examinations.