Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for lumbosacral strain and torn ACL-left knee due to errors in verifying her periods of active duty training (ADT) and inactive duty training (IDT). The Veteran is asked to clarify whether she contends her back condition had onset during service or a period of ADT or IDT. A medical opinion will be obtained to determine the nature and likely cause of any back disability, including considering all relevant service treatment records.

The Veteran's appeal is remanded due to incomplete medical records and inadequate VA examination for asthma. The claim will be reconsidered with the addition of private treatment records and a new VA examination.

The Veteran's service-connected disabilities (PTSD, low back disability, and OSA) prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's claims for service connection for hypertension, hypothyroidism, and OSA are remanded due to a duty-to-assist error. The AOJ must obtain the Veteran's military personnel records and determine if he was exposed to herbicide agents during service.

The Board has granted service connection for right thumb arthritis and denied a rating in excess of 10 percent for lumbosacral strain.

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis is currently rated at 10 percent, which is the maximum rating available under VA regulations. The Veteran's right lower extremity radiculopathy is also rated at 10 percent.,Service connection for plantar fasciitis of the left foot as secondary to lumbosacral strain with degenerative disc disease and spinal stenosis is remanded.

The Board has granted the Veteran's claim for service connection for lumbosacral strain as secondary to his service-connected left foot disability, finding that the current condition is caused and/or aggravated by this service-connected condition.

The Veteran's claims for increased ratings for lumbar spine disability and lower extremity radiculopathy prior to January 25, 2022 are dismissed as the March 31, 2022 VA Form 10182 was not interpreted as an opt-in to the modernized system.

The Veteran's appeal for higher ratings for asthma with obstructive sleep apnea and allergic rhinitis was denied. The Board found that the evidence did not meet the criteria for a higher rating in either case.

The Veteran's service-connected disabilities did not render him unemployable prior to December 3, 2019. The Board found that the Veteran had a high rating for his Meniere's disease and sleep apnea but was capable of performing employment duties.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea, and the Board dismissed the issue as a result.

The Board has determined that the VA examination and opinions are inadequate for adjudication purposes, particularly regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA) and its relationship to his service-connected tinnitus. The claim is therefore remanded for further development.

The appeal for service connection for obstructive sleep apnea (OSA) is dismissed because there was no initial decision under the Appeals Modernization Act sufficient to confer jurisdiction of the issue.

The Veteran's service-connected Major Depressive Disorder, along with other disabilities, renders him unable to secure and follow a substantially gainful occupation. The Board grants SMC-S based on this finding.

The Board granted service connection for obstructive sleep apnea and readmitted the claims for a right hand condition and left hand pain, while remanding the claim for a right shoulder disorder.

The Board has remanded the claim of service connection for obstructive sleep apnea, as it is unclear whether the Veteran's condition is related to his active duty or secondary to his service-connected PTSD. The VA examiner will need to provide an opinion on both aspects.

The appeal regarding the proposal to decrease the disability rating for chronic strain of the lumbosacral spine from 40 to 10 percent and the proposal to discontinue Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is dismissed.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected somatic symptom disorder and degenerative knee disorder caused him to become obese, which was a substantial factor in causing his current condition.

Your claim for service connection for sleep apnea has already been granted, and the Board is dismissing this appeal as there are no longer any unresolved issues.

The Veteran withdrew his appeal for service connection of sleep apnea, and the Board dismissed the case as a result.