Sleep apnea decisions — 2024

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to a need for a VA examination.

The claims of service connection for lumbosacral strain, right hip strain, left hip strain, and erectile dysfunction have been dismissed as the RO has granted service connection for each condition.

The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.

The Board has granted earlier effective dates of September 1, 2010 for the Veteran's service connection for spinal stenosis with degenerative arthritis with intervertebral disc syndrome, lumbosacral strain with intervertebral disc syndrome, and a fracture of the middle/long finger of the left hand.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to an error in complying with a statutory duty and the need for a VA medical opinion regarding the relationship between OSA and his in-service exposure to toxins, specifically deployments to Afghanistan and Qatar.

The Veteran's appeal is remanded for further development, including rescheduling of VA examinations to determine the current nature and severity of his service-connected lumbosacral spine disability and the nature and etiology of his claimed bilateral hip disability.

The Veteran's lumbosacral strain with paravertebral muscle spasm is rated at 40 percent, and the Board denied a higher rating as there was no evidence of unfavorable ankylosis.

The Veteran's service connection for insomnia as secondary to his service-connected depressive disorder is granted. The Board finds that a remand is necessary due to duty-to-assist errors and the need for an updated VA medical examination.

The Board has decided to remand the case due to insufficient medical opinions and duty to assist errors. The Veteran's sleep apnea is being reviewed again, with a focus on its onset in service and its relation to his service-connected PTSD.

The Veteran's appeal is denied as he does not meet the criteria for a special home adaptation grant due to his service-connected disabilities, which do not include anatomical loss or use of both hands or burn injuries.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) may be related to his exposure to toxic atmospheres during service, specifically burn pit exposures. However, due to a failure to obtain an Individual Longitudinal Exposure Record (ILER), the case is being remanded for further examination and analysis.

The Veteran's appeals for increased disability ratings and reduction of disability ratings have been dismissed due to his withdrawal from appeal.

The Board has determined that the Veteran's preexisting bilateral foot condition was not aggravated by his military service, and therefore denied his claim for service connection. The claims for service connection for an eye condition, OSA, IBS, and left ankle strain are remanded due to duty-to-assist errors.

The Board has denied service connection for bilateral hearing loss due to a lack of current diagnosis. The claims for left hip strain, right hip strain, and lumbosacral strain are remanded as the Veteran's current diagnoses have not been addressed.

The Veteran's cervicogenic headaches are granted service connection. The claims for cervical strain and lumbosacral strain are remanded due to new evidence not previously considered. The claims for dizziness and fatigue require additional VA examinations.

The Veteran's asthma and obstructive sleep apnea disability are currently rated at 50 percent. The Board has remanded the issues of higher ratings for both disabilities.

The Veteran's claim for an increased rating for her service-connected degenerative arthritis of the spine/lumbosacral strain was denied as a matter of law due to her failure to report for a necessary VA examination.

The Veteran's dermatofibrosarcoma, multiple myeloma, and prostate cancer are granted as presumptively linked to herbicide exposure. The bilateral upper and lower extremity peripheral neuropathy is also granted as secondary to the service-connected multiple myeloma.

The Board has granted service connection for obstructive sleep apnea, finding that it is secondary to the Veteran's service-connected status post left/right hammer toe surgery with residual scars and degenerative joint disease. The decision resolves all reasonable doubts in favor of the Veteran.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected tinnitus due to conflicting medical opinions and a need for further development.