Sleep apnea decisions — 2024

The Veteran's rosacea is currently rated as noncompensable under DC 7806. The Board has determined that remand for further development, including obtaining a medical opinion on the nature and severity of his rosacea and whether prescribed medications are systemic therapy or corticosteroids, is necessary.

The Veteran's claims for increased ratings of gastroesophageal reflux disease (GERD) and lumbosacral strain with degenerative arthritis are being remanded due to procedural errors in obtaining relevant private treatment records. The Board will consider the evidence of record at the time of the August 2022 AOJ supplemental claim decision on appeal, but any evidence submitted after that date will be considered by the AOJ.

The Veteran's lumbosacral strain with disc degeneration is rated at 20 percent, which does not meet the criteria for a higher rating.,From May 9, 2017 to September 8, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From September 9, 2020 to June 28, 2021, it was rated at 10 percent. After that period, a higher rating is not warranted.

The Board has determined that a VA examination and medical nexus opinion are necessary to determine if the Veteran's obstructive sleep apnea is related to her service in Southwest Asia or secondary to her service-connected rhinitis. The claim will be remanded for these purposes.

The Veteran's right wrist sprain and left knee femoropatellar and medial joint arthrosis have been granted service connection.,An effective date of February 8, 2019, has been assigned for the grant of service connection for obstructive sleep apnea.

The Veteran's service connection for diabetic autonomic neuropathy (claimed as neuropathy of the torso) secondary to diabetes mellitus type II is granted. Service connections for peripheral neuropathy, left upper and right upper extremities, and sleep apnea are denied.

The Board has remanded the Veteran's claims for gastroesophageal reflux disease, sleep apnea, and hypertension secondary to service-connected PTSD due to inadequate medical opinions regarding causation or aggravation.

The Board has decided to remand the claim for service connection for upper airway resistance syndrome (claimed as sleep apnea) due to a lack of adequate VA examination and medical opinion. The Veteran's contentions regarding his PTSD causing poor eating and exercise habits, leading to obesity and ultimately causing or aggravating his claimed respiratory condition are not considered in the current VA opinions.

The Board has remanded the case due to insufficient consideration of lay statements and medical evidence in the November 2018 VA examination. The Veteran's OSA is being reviewed again with a new VA opinion to address all relevant evidence, including his service reports and spouse's observations.

The Board has decided to remand the Veteran's claims of service connection for beta thalassemia with retinal hemorrhage and sleep apnea due to conflicting medical opinions and insufficient evidence regarding the nature of the preexisting conditions.

The Veteran's claims for service connection on multiple conditions are remanded due to the need for additional medical opinions and records.

The Veteran's TDIU and SMC claims were denied as her service-connected conditions, including migraine headaches, PTSD, sleep apnea, and lumbar strain, did not prevent her from obtaining or maintaining substantially gainful employment. The Board found that the Veteran was able to work during the appeal period despite missing some days due to her migraines.

The Board has determined that there is no evidence to support the claim of service connection for Sleep Apnea (OSA), and any secondary relationship to PTSD. The Veteran's OSA was not incurred during his active service, nor can it be attributed to his service-connected conditions.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected conditions, as well as new evidence of worsening since previous evaluations.

The Board has granted service connection for a back disability, dry eyes, skin rash, sarcoidosis, IBS, and acid reflux. The Veteran's claims for these conditions are based on direct evidence of their onset during or shortly after his military service.

The Board has denied service connection for Obstructive Sleep Apnea (OSA) due to the lack of a current diagnosis. The right and left knee disorders are remanded as there is insufficient evidence regarding their etiology.

The Veteran's service-connected disabilities, including depressive disorder, right medial tibial stress syndrome status post stress fracture, right knee impairment, left foot status post stress fracture with residual pain, left medial tibial stress syndrome status post stress fracture and left knee impairment with associated symptoms to include pain, painful range of motion and associated sleep disturbance related to pain, caused his obesity. This obesity in turn caused the Veteran's obstructive sleep apnea.

The Veteran's claim for TDIU and DEA was granted with an effective date of December 20, 2022. The Board found that the increase in disability occurred within one-year prior to the date of claim.

The Veteran's claim for service connection for an acquired psychiatric disorder, initially claimed as PTSD, is granted. The claims of service connection for sleep apnea, a respiratory disorder, a digestive disorder, and a cervical spine disorder are remanded.

The Board has remanded the case due to a need for additional medical examination and opinion regarding whether the Veteran's obstructive sleep apnea is related to toxic exposure risk activities during service, including deployment in Southwest Asia, Kuwait, and Iraq. The AOJ should also provide a more detailed memorandum addressing the specific toxic exposures experienced by the Veteran.