Sleep apnea decisions — 2024

The Board has decided to remand the case due to a lack of a contemporaneous VA sleep apnea evaluation, which is needed to determine if the Veteran's obstructive sleep apnea is related to or aggravated by his service-connected tinnitus and insomnia disorder.

The Veteran's claims for fatigue, sleep apnea, sinusitis, and allergic rhinitis have been denied as the submitted evidence is not new and relevant.,For left knee strain and lumbosacral strain (previously claimed as lumbar condition), the claims are remanded due to insufficient nexus opinions.

The Veteran's claim for a TDIU prior to February 8, 2024 is remanded due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence and obtain an addendum medical opinion from the September 2020 VA examiner.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and failure to comply with prior remand instructions.

The Veteran's claims for service connection for chronic fatigue syndrome, sleep apnea, and unspecified depressive disorder are being remanded due to the need for additional medical opinions.

The Veteran's claim for an earlier effective date for service-connected lumbosacral strain is granted, and the issue of a higher initial rating for her disability is remanded due to incomplete examination.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected mood disorder and musculoskeletal disabilities.

The Veteran's claim for an increased rating of his IVDS with degenerative disc disease of the lumbosacral spine is being remanded. His service connection claim for folliculitis barbae is also being remanded.

The Board has determined that the issue of service connection for lumbosacral strain (claimed as lower back pain due to service in the Republic of Vietnam from September 1968 to August 1969) requires further development and is therefore remanded.

The Veteran withdrew his appeals regarding sleep apnea and the left eye condition, so the cases are dismissed.

The Board has decided to remand the case due to a duty-to-assist error, requiring an examination and opinion on whether the Veteran's sleep issues are solely attributable to his PTSD or if he also has sleep apnea.

The Board has remanded the Veteran's claims for cervical spine disability, lumbar spine disability, and obstructive sleep apnea (OSA) due to service-connected disabilities. The VA will obtain new medical opinions to address causation and aggravation of these conditions.

The Veteran's lumbosacral strain disability is rated at 10 percent, but the Board finds that her symptoms do not warrant a higher rating as they have not resulted in forward flexion of the thoracolumbar spine being less than 60 degrees or any other criteria for a higher rating.

The Board has remanded the case due to a lack of consideration of whether obesity is an intermediate step in the development of the Veteran's obstructive sleep apnea (OSA). The claim will be reconsidered with additional medical opinions.

The Board has granted service connection for obstructive sleep apnea, finding that it originated during active service.

The Veteran's claim for a higher rating of his service-connected dry eye syndrome is granted, with a 20 percent evaluation. The claims for bilateral pinguecula of the eyes and hypertension are denied. Service connection for PTSD, alopecia or thinning hair secondary to PTSD, ED secondary to PTSD or hypertension, dry mouth syndrome secondary to OSA, GERD, and recurring body rash are all denied.

The Veteran's appeal for service connection for sleep apnea was dismissed because he did not file a timely VA Form 10182 within one year of the November 2021 rating decision.

The Board has decided to remand the case due to insufficient evidence regarding whether OSA is related to service and whether it is secondary to service-connected sinusitis and/or PTSD. The Veteran's claim will be reconsidered with new medical opinions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, including Unspecified Depressive Disorder with Anxious Distress, right heel traumatic fracture with degenerative joint disease, and degenerative disc disease of the lumbar spine. The decision is based on a finding that the weight gain related to these conditions caused by depression led to the development of obstructive sleep apnea.

The Veteran's claim for service connection for a bilateral foot disability is denied as there is no persuasive evidence of a current diagnosis or in-service injury related to the claimed condition.,Service connection for lumbosacral strain was granted, but an initial rating in excess of 10 percent is denied due to lack of medical nexus establishing causation.