Sleep apnea decisions — 2024

The Veteran's lumbosacral strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's left knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's right knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and retrolisthesis, is related to his service. As a result, service connection for these conditions is granted.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service-connected other specified trauma and stressor related disorder (claimed as PTSD) and service-connected musculoskeletal conditions, leading to a grant of secondary service connection.

The Veteran's appeal for an increased disability evaluation for neck scar is denied as the evidence does not support a rating in excess of 10 percent.,Service connection for insomnia and headaches is denied because there is no current diagnosis of these conditions.

The Veteran's service-connected PTSD was granted with an initial rating of 30 percent from March 3, 2014 to January 20, 2020 and a 70 percent disability rating from January 21, 2020. The effective date for this grant is denied. Other claims related to PTSD, migraine headaches, and sleep apnea are also addressed.

The Board has determined that the VA examinations conducted in June 2021 were inadequate for adjudication purposes and thus remanded to obtain additional opinions regarding the etiology of the Veteran's diagnosed conditions.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) due to obesity, which was caused by his service-connected other specified somatic symptom and-related disorder and orthopedic disabilities. The decision is based on the opinion of a private physician's assistant who concluded that the OSA was more likely than not secondarily related to the Veteran's service-connected conditions.

The Board has dismissed the Veteran's claims for service connection for left hip disability, right hip disability, right shoulder disability, and sleep apnea as the AOJ has not yet adjudicated these issues.

The Board has dismissed the Veteran's appeals for service connection on all six claimed conditions due to a procedural defect in his appeal form.

The Board has determined that there was a duty to assist error in the initial decision and is remanding the case for further development, including obtaining an addendum opinion regarding whether the Veteran's obstructive sleep apnea is at least as likely as not due to or aggravated by his service-connected sinus disability.

The Veteran's appeals for service connection for visual conditions and sleep apnea have been dismissed due to procedural errors in the Appeal Modernization Act (AMA) system.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board denied the Veteran's claim for service connection for mixed sleep apnea, finding that the evidence did not support a finding that it was caused or aggravated by his service-connected back disability and/or PTSD, to include as due to obesity as an intermediate step.

The Veteran's OSA is caused by his obesity, which was caused by his service-connected musculoskeletal disabilities. The Board granted the claim for service connection of OSA as secondary to his service-connected thoracolumbar spine degenerative disc disease, right ankle sprain with exostosis, and bilateral lower extremity radiculopathy associated with degenerative disc disease.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is at least as likely as not related to his service-connected PTSD and orthopedic conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder with major depressive disorder (PTSD with MDD). The evidence is in approximate balance regarding whether PTSD with MDD caused or aggravated obesity, which led to OSA.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for a VA examination to assess the nature and etiology of his condition.

The Veteran's persistent depressive disorder is granted a 70 percent disability rating, effective February 26, 2018. The lumbosacral spine degenerative arthritis with IVDS and spinal stenosis is granted a 40 percent disability rating, effective August 10, 2018.

The Board has determined that a remand is necessary to obtain an adequate opinion regarding the etiology of the Veteran's OSA and to address the theory of secondary service connection.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.