Sleep apnea decisions — 2024

The Veteran's sleep apnea is found to have begun in service and has been continuous since then, meeting the criteria for service connection.

The Board has granted service connection for right leg varicose veins, generalized anxiety disorder (previously claimed as anxiety/depression), and lumbosacral strain with effective dates of June 29, 2020.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as the earliest evidence of suspected OSA is from February 2021, which is earlier than the date of claim (July 20, 2021).

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, including obesity and weight gain.

The Veteran's claims for service connection and earlier effective dates have been granted, with the awards of lumbosacral strain, radiculopathy of the left lower extremity, allergic rhinitis, tinnitus, nephrolithiasis, and major depressive disorder being effective September 15, 2017. The claim for an earlier effective date for service connection for major depressive disorder was denied.

The Veteran's lumbosacral facet hypertrophy with degenerative disc disease is granted an effective date of October 30, 2019 for a 40 percent rating.

The Board has determined that the Veteran's OSA may have been present during service or is related to his active-duty service, and also considers whether it is caused by or aggravated by his service-connected chronic sinusitis or other specified trauma and stressor related disorder. The case is being remanded for further examination and opinion.

The Board has decided to remand the case due to errors in considering whether the Veteran's sleep apnea is related to his service-connected back and bilateral feet disorders with obesity as an intermediate step.

The Board has reviewed the Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea, but finds that new and relevant evidence has not been submitted to warrant readjudication.

The Veteran's claims for service connection are remanded due to inadequate medical nexus opinions provided by the VA in July 2020. The Board finds that further examination and opinion are needed to determine if his current disabilities were caused or aggravated by his active-duty service.

The Board denied the Veteran's claim for service connection for Obstructive Sleep Apnea as new and relevant evidence had not been received, despite the submission of updated treatment records.

The Board has decided to remand the Veteran's claims for sleep apnea and erectile dysfunction due to incomplete medical opinions, potential secondary service connection issues, and new law considerations. The claims will be reviewed with additional examinations and opinions.

The Board denied the Veteran's claim for service connection for muscle pain, finding that there is no current disability and insufficient evidence to establish a link between his in-service complaints of muscle-related symptoms and any diagnosed conditions.

The Veteran's appeal of the initial ratings for unspecified anxiety disorder and bilateral hearing loss is denied. The Board finds that the most persuasive evidence does not support a higher rating than 30 percent for unspecified anxiety disorder or noncompensable for bilateral hearing loss.,The Veteran's appeals regarding service connection for migraines, right shoulder disability, left foot disability (pes planus), right foot disability (pes planus), and right knee disability are remanded. The appeal of service connection for sleep apnea is also remanded.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected Right Knee Patellofemoral Pain Syndrome, with a rating of 50% effective December 4, 2019.

The Board has denied service connection for lung cancer and remanded the issues of service connection for thyroid disorder and lumbosacral strain due to insufficient evidence.

The Board has remanded the claims for service connection due to duty-to-assist errors and requests additional opinions on whether the Veteran's lumbar spine disability is secondary to his service-connected bilateral knee disability, and if so, whether it was a substantial factor in causing his current obstructive sleep apnea.

The Veteran's initial rating for vitiligo is granted at a 10 percent level. The Board finds the evidence more nearly approximates a 10 percent disability rating for lumbosacral strain, left ankle collateral ligament sprain, right ankle collateral ligament sprain, and lower extremity radiculopathy of the sciatic nerve due to static symptoms beginning February 2, 2018. The Veteran's sinusitis is remanded for further evaluation.

The Board has granted service connection for sleep apnea disability as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The opinion provided by the VA examiner in June 2021 found that the Veteran's sleep apnea is at least as likely as not aggravated beyond its natural progression by his PTSD.

The Board has remanded the Veteran's claims for service connection due to incomplete review of evidence and failure to obtain Social Security Administration records. The issues include bilateral hearing loss, allergic rhinitis, left ankle arthritis, obstructive sleep apnea (OSA), and degenerative disc disease (DDD) of the lumbar spine.