Sleep apnea decisions — 2024

The Board has found a pre-decisional duty to assist error and remands the case for an adequate medical opinion regarding whether sleep apnea is secondary to service-connected PTSD.

The Veteran's service connection claims for left and right leg sciatica, lumbar strain with degenerative disc disease, gastroesophageal submucosal lesion, and hypertension have all been denied.,There is no current evidence of a disability in any of the claimed conditions.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to obesity from service-connected bilateral knee conditions. The Veteran's OSA is related to his weight gain and obesity, which resulted from his service-connected knee conditions.

The Board has determined that there were errors in the decision-making process regarding hypertension and OSA, and thus these claims are being remanded for further development.

The Board has decided to remand the case due to insufficient evidence on whether the Veteran's obstructive sleep apnea is related to service, including his in-service reports of sleep disturbance and gasping for air. The Veteran needs a thorough examination to provide a more definitive opinion.

The Board found that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring service connection.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as there was no prior intent to file a claim or complete initial claim that reasonably encompassed this condition.

The Veteran's claim for service connection for obstructive sleep apnea and chronic fatigue was granted with an effective date of October 13, 2017.

The Veteran's lumbosacral strain was rated at 40 percent effective February 28, 2022.,An earlier effective date of June 23, 2021 for the increased rating of 30 percent for asthma is granted.,SMC effective from June 23, 2021 is granted.

The Veteran's claims for service connection for obstructive sleep apnea, shortness of breath, and chest pain are remanded due to the need for a VA examination to address these issues.

The Board has determined that the Veteran's migraine headaches are related to her service-connected cervical spine degenerative disc disease, but not directly. The Board is remanding for further examination and opinion regarding whether her migraines were aggravated by or caused by her lumbosacral strain or bilateral upper extremity radiculopathy.

The Board has decided to remand the case due to a failure to provide an opinion on whether the Veteran's sleep apnea is aggravated by his service-connected major depressive disorder.

The Veteran's persistent depressive disorder with anxious distress is not rated more than 30 percent, as the evidence does not show occupational and social impairment with reduced reliability and productivity.,Left lower extremity radiculopathy is not rated more than 20 percent, as the symptoms do not meet criteria for a higher rating based on incomplete paralysis of the sciatic nerve.,Lumbosacral strain with IVDS and L4-L5 herniated intervertebral disc does not warrant an initial rating more than 10 percent due to combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees.

The Veteran's TDIU and Dependents' Educational Assistance (DEA) claims are granted effective March 16, 2016. The effective date for DEA is the same as that for TDIU.

The Veteran's back and right hip conditions are found to be secondary to his service-connected right ankle condition, and the Board has granted service connection for these conditions.

The Board has decided to remand the case due to inadequate medical opinions and a pre-decisional duty to assist error. The Veteran's OSA is being reviewed again with new VA medical opinions.

The Veteran's obstructive sleep apnea is granted service connection. His right shoulder disability, with recurrent dislocation and limitation of motion, is granted a separate 20 percent rating. The claims for bilateral feet, hands, wrists, and knees are remanded.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's left hip degenerative arthritis and his sleep apnea. The VA will seek additional medical records and an opinion from a clinician.

The Veteran's service connected PTSD, bilateral knee osteoarthritis, and bilateral foot degenerative arthritis are found to have caused his obesity, which then led to his obstructive sleep apnea. As a result, the Board has granted service connection for OSA on a secondary basis.

The Veteran's appeal of the October 2020 rating decision denying service connection for sleep apnea was dismissed because he did not provide a timely Notice of Disagreement (NOD) within one year of the decision.