Sleep apnea decisions — 2024

The Veteran's lumbosacral strain and degenerative arthritis of the spine are granted service connection as they are related to his in-service carrying of heavy loads on his back. The right shoulder impingement syndrome and rotator cuff tendonitis case is remanded for further review.

The Veteran is unable to secure and maintain substantially gainful employment due to her service-connected disabilities, including anxiety and depressive disorder, lumbosacral strain, right carpal tunnel syndrome, and allergic rhinitis.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected adjustment disorder with depressed mood and unspecified anxiety disorder.

The Veteran's service-connected disabilities, including PTSD and depression, have rendered him unemployable due to his inability to work due to his psychiatric symptoms and physical impairments. The Board has granted a TDIU based on the severity of these conditions.

The Veteran's tinnitus, cervical strain with degenerative disc disease, lumbosacral strain, and migraines are all remanded for further examination and opinion due to the need for a VA examination and medical nexus opinion regarding toxic exposure risk activities.

The Veteran's appeal of the denial for sleep apnea was dismissed. The back disorder claim is remanded.

The Veteran's PTSD is rated at 70 percent from April 10, 2019. The rating for his sleep apnea with asthma remains at 50 percent, and the eczema is rated at 30 percent from September 6, 2019.

The Board has remanded the claims for GERD, sleep apnea, restless leg syndrome of the left and right lower extremities, a disability manifested by shortness of breath, fatigue, cerebellar atrophy/ataxia, abnormal gait, abnormal balance, abnormal dexterity, speech impairment/dysarthria, and neurofibroma excision due to duty-to-assist errors. A new VA examination is required for each condition.

The Veteran's appeal for readjudicating the claim of service connection for obstructive sleep apnea was dismissed because a December 2023 rating decision granted service connection for obstructive sleep apnea, which represents a full grant of benefits sought on appeal.

The Veteran's claim for a higher rating for his lumbosacral strain and degenerative arthritis of the lumbar spine prior to December 17, 2019 is being remanded due to missing private medical records from his March 2016 lumbar microdiscectomy.

The Board has decided to remand the case due to a lack of adequate opinion regarding whether the Veteran's sleep apnea is related to his active service and if it is aggravated by his service-connected tinnitus.

The Veteran's appeal of the December 2020 VA Form 20-0996 for service connection was denied because it was not received within one year after the May 2015 rating decision, and concurrent review options were prohibited.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for obstructive sleep apnea, which is related to asthma. The Veteran's Gulf War exposure will also be considered.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected left knee arthritis and right knee arthritis status-post right knee replacement.

The Board has determined that the Veteran's sleep apnea began during his active service and is granted as service-connected.

The Board dismissed the appeal due to the Veteran's death during the pendency of the appeal.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The decision is based on a finding that the Veteran's sleep apnea is caused by his PTSD.

The Veteran's lumbosacral spondylosis, degenerative disc disease, and degenerative arthritis are granted service connection. The Veteran's erectile dysfunction is also granted as secondary to his lumbar spine condition.

The Board has granted service connection for a lumbar spine disability, finding that the evidence is at least evenly balanced as to whether the Veteran's lumbar spine disability had onset in active duty service. The decision concludes that the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran.

The Board has granted service connection for the Veteran's lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome, cervical strain, and spondylolisthesis. These conditions are related to his military service.