Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is caused or aggravated by her service-connected PTSD and obesity. The VA examiner must provide a detailed opinion addressing these issues.

The Board has granted effective dates of December 31, 2014 for the service connection of obstructive sleep apnea, a left shoulder disability, and limitation of motion of the left ankle.

The Veteran's claims for service connection for insomnia, restless leg syndrome of the right and left legs have been denied. The claim for service connection for obstructive sleep apnea has been remanded due to potential toxic exposure in the Persian Gulf.,Service connection is not granted for insomnia as there is no evidence of a current disability or an in-service disease or injury that could be linked to the condition.

The Veteran's request for HLR of his service connection claims for right wrist and sleep apnea disabilities was untimely and denied.

The Board has decided to remand the claim for service connection of OSA, as it is unclear whether the condition developed due to Gulf War exposure. The VA must obtain a medical opinion addressing this issue.

The Veteran's claims for service connection for OSA, a left knee disability, DDD, a bladder condition, and a right shoulder disability are denied.,Service connection is not established for any of the claimed conditions due to lack of current diagnoses.

The Veteran's asthma disability is not currently rated as compensable, as his FEV-1 and FEV-1/FVC levels do not meet the criteria for a higher rating.,Service connection for hypertension, obstructive sleep apnea, and insomnia are remanded due to duty-to-assist errors.

The Board has decided to remand the case due to a failure by the AOJ to schedule an examination for sleep apnea, which is related to service. The Veteran's lay reports of symptoms during active duty are considered.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that a nexus between the current disability and an in-service injury is established. The decision also finds that the reasonable doubt created by the evidence must be resolved in favor of the Veteran.

The Veteran withdrew her appeal, which was confirmed by her representative. The Board dismissed the appeal as a result.

The Board has denied an increased rating for the Veteran's left ankle disability, but has remanded the issue of service connection for sleep apnea due to a duty-to-assist error.

The Board has decided to remand the case due to a duty-to-assist error and the need for additional opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to his service-connected disabilities or aggravated by them.

The Board has granted an effective date of April 29, 2014 for the grant of service connection for lumbosacral strain. The Veteran's claim was pending due to new and material evidence submitted within a year of the July 2015 rating decision.

The Veteran's lumbosacral strain with degenerative joint disease, L5-S1, and IVDS was rated at 40% for the period from March 6, 2020, to February 5, 2021. The rating is denied as his disability did not meet criteria for a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy contributed to his obesity, which in turn caused or aggravated his sleep apnea.

The Veteran's sleep apnea and hypothyroidism (previously rated as hyperthyroidism) have been granted service connection, with the rating for hypothyroidism restored to 30 percent effective October 17, 2017.

The Veteran's lumbosacral spine disease is rated at 10 percent, the lowest available rating under VA regulations. The evidence does not support a higher rating as there is no objective medical evidence of forward flexion less than 60 degrees or combined range of motion greater than 120 degrees.

The Board has decided to remand the case due to a duty to assist error and the need for additional medical opinions regarding service connection for obstructive sleep apnea. The Veteran's exposure during service as a Persian Gulf Veteran is considered, but an addendum opinion on aggravation by service-connected conditions is needed.

The Board has granted service connection for obstructive sleep apnea and remanded the issues of initial compensable rating for left ear hearing loss and service connection for right ear hearing loss.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea was caused by his service-connected adjustment disorder, and thus grants service connection for this condition.