Sleep apnea decisions — 2024

The Veteran's left knee degenerative arthritis is granted as secondary to his service-connected right knee disability. The Board finds the Veteran's sleep apnea claim must be remanded due to inadequate opinions.

The Board has determined that new evidence received since the October 2021 decision supports reopening of the claim for service connection for sleep apnea, to include as secondary to PTSD. The case is remanded for a new VA examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's degenerative disc disease and lumbosacral strain are found to be at least as likely as not related to his in-service back injury, leading to the grant of service connection.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain as there are insufficient nexus opinions provided by VA examiners.

The Veteran's claims for service connection for various conditions have been denied. The Board has found that the Veteran does not have current diagnoses of sinusitis, bilateral hearing loss, plantar fascitis, erectile dysfunction, hypertension, chronic bronchitis, left knee strain, right knee strain, lumbosacral strain, pes planus, or leg length discrepancy.,The Veteran's claims for service connection are remanded to allow for further examination and opinion regarding the etiology of his claimed conditions.

The Veteran's right shoulder strain and lumbosacral strain are not service-connected, but his allergic rhinitis is granted on a presumptive basis due to exposure in the Southwest Asia theater of operations.

The Board has determined that the Veteran's service-connected bilateral plantar fasciitis with pes planus caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea. Therefore, the claim for secondary service connection for obstructive sleep apnea is granted.

The Veteran's obstructive sleep apnea is aggravated by his service-connected right knee strain, and the Board has granted secondary service connection for this condition.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his right knee disability, including with obesity as an intermediate step. The VA examiners found that the Veteran's right knee disability did not cause him to become obese and that obesity was not a substantial factor in causing his OSA.

The Veteran's claim for service connection and an increased rating of 20 percent for lumbosacral strain with degenerative arthritis of the lumbar spine is effective January 5, 2018.

The Board has determined that the VA decision on appeal is not complete and requires additional evidence to make a determination. The Veteran's service-connected left knee disabilities are found to have caused or aggravated his obesity, which in turn led to his current OSA.

The Board has granted service connection for bilateral foot gout as secondary to the Veteran's service-connected hypertension. The claim of service connection for sleep apnea is remanded due to an inadequate medical opinion.

The Veteran's claims for service connection for left ear hearing loss, right ankle disability, and left ankle disability have been denied. The Board has also remanded the Veteran's claims for sleep apnea (OSA), acquired psychiatric disability including PTSD and depression, right foot disability, and left foot disability.,For his right ear hearing loss, the Veteran was not granted a compensable rating.

The Veteran's service-connected disabilities, including other specified depressive disorder, right and left lower extremity lumbar radiculopathy, lumbosacral strain, right hip strain, and tinnitus, prevent him from obtaining and maintaining substantial gainful employment. The Board has granted an earlier effective date of June 20, 2019 for the award of a total disability rating due to individual unemployability (TDIU).

The Veteran's appeal for service connection for left lower extremity radiculopathy was dismissed. His claims for increased ratings for low back disability and sciatic radiculopathy of the right lower extremity were also denied.

The Board has granted an effective date of October 21, 2011 for the grant of service connection for OSA, secondary to PTSD. The Veteran's informal claim for OSA was filed on this date.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain with degenerative arthritis, and multiple hip and knee conditions, rendered him unable to secure or follow substantially gainful employment. The Board granted a TDIU based on these disabilities.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and opinions regarding the etiology of his claimed conditions. The Veteran is seeking service connection for various psychiatric, musculoskeletal, and cardiovascular disabilities that he contends began during active service.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected musculoskeletal conditions with obesity as an intermediate step.

The Veteran's request for Higher-Level Review (HLR) of a July 7, 2020, VA decision denying service-connection for sleep apnea was timely. The appeal is granted to this extent.