Sleep apnea decisions — 2024

The Veteran's service-connected lumbar spine degenerative joint disease (DJD) and left knee DJD are found to be the primary cause of his obstructive sleep apnea, which is granted as secondary.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is caused by his service-connected respiratory lung disease. The initial disability rating of 30 percent for the service-connected respiratory lung disease remains unchanged.

The Board has determined that the Veteran's service-connected PTSD is likely a contributing factor to his development of OSA, and thus grants service connection for OSA as secondary to PTSD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected shoulder disabilities. The Board found that the obesity causing the sleep apnea was aggravated by the shoulder disabilities.

The Veteran's claim for increased ratings and effective dates for his service-connected conditions was denied. He is now receiving a TDIU.

The Board has remanded the claims of service connection for intervertebral disc syndrome (IDVS) with lumbosacral strain, spinal fusion, spinal stenosis, spondylolisthesis, lumbar spine scar, and bilateral lower extremity radiculopathy due to incomplete medical records and lack of a clear opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claim for service connection for sleep apnea was denied in a prior rating decision, but the effective date of July 20, 2018, is restored.,For patellofemoral pain syndrome with shin splints (claimed as left knee condition), the effective date of July 20, 2018, is granted.

The Board has granted service connection for obstructive sleep apnea, right hallux valgus, left hallux valgus, right pes planus with metatarsalgia, left pes planus with metatarsalgia, right foot hammer toes disability, and left foot hammer toes disability. The decision is based on the Veteran's credible lay accounts of symptoms in service and ongoing pain.

The Veteran's claim for service connection for unspecified anxiety disorder is granted. Claims for service connection for migraines and sleep apnea are denied.

The Board has granted earlier effective dates of November 1, 2019 for service connection to be established for obstructive sleep apnea, hypertension, left knee patellofemoral pain syndrome and status post left knee arthroscopy meniscus tear repair, and scar.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the opinion on secondary service connection for sleep apnea.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied as his current hearing loss does not meet the criteria for a compensable disability rating.,The Board found insufficient evidence to grant service connection for various conditions, including acid reflux and sleep apnea, due to inadequate VA examinations.

The Board has remanded the Veteran's claim for service connection of his skin condition, specifically basal cell carcinoma with actinic keratosa and dermatoheliosis of forearms. The issue is being reviewed due to potential exposure to toxic substances during military service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected rhinitis.

The Board has denied the Veteran's claims for service connection for a psychiatric disability and lumbosacral strain, finding that there is no evidence of current disabilities or a causal relationship to service.

The Board has determined that the January 2022 VA examination is inadequate for adjudication purposes and requires correction. The Veteran's sleep apnea may be related to her age rather than her PTSD, but the examiner did not address whether PTSD aggravates her sleep apnea.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected Posttraumatic Stress Disorder (PTSD) and left knee disabilities, with obesity serving as an intermediate step.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Veteran's initial disability rating for sleep apnea is denied as the condition does not meet the criteria for a higher rating.,A 50 percent disability rating for migraine headaches is granted throughout the appeal period, with the effective date being January 26, 2016.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected tinnitus, due to a duty to assist error. The AOJ will consider any additional evidence and provide an addendum opinion from another qualified examiner.