Sleep apnea decisions — 2024

The Veteran's lumbosacral spine disorder is granted service connection. The cervical spine condition is remanded for further evaluation.

The Veteran's appeal for a rating in excess of 50 percent for obstructive sleep apnea and spontaneous pneumothorax, as well as an initial compensable rating for bilateral hearing loss, was denied. The Veteran's obstructive sleep apnea required the use of a CPAP machine but did not meet the criteria for higher ratings due to his FEV-1/FVC levels. His bilateral hearing loss was rated at Level I and therefore noncompensably disabling.

The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Post-Traumatic Stress Disorder (PTSD), Patellofemoral Syndrome with Right Chondromalacia Patella, Bilateral Ankle Tendonitis, and Bilateral Painful Pes Planus.

The Veteran's request for an extension of the delimiting date for his Post-9/11 GI Bill educational assistance benefits beyond December 1, 2018 is granted due to medical infeasibility caused by various disabilities.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed conditions.

The Veteran's hypertension, diabetes mellitus type II, and obstructive sleep apnea were not incurred during active duty or within one year of separation from active duty. The lumbar spine disorder was not diagnosed during a period of qualifying service.,Service connection for these conditions is denied as there is no evidence of in-service injury or disease.

The Board dismissed the Veteran's claim for service connection for discogenic right sciatic radicular pain (partial paralysis right sciatic) as it was granted in a prior rating decision. Service connection was established for other conditions, including chronic sinusitis, PTSD, and various musculoskeletal issues, all presumed related to Southwest Asia service.

For the entire period on appeal, the Veteran's acquired psychiatric disability is rated at 70 percent.,For the entire period on appeal, the Veteran's lumbosacral strain is rated at 50 percent.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during active duty service and resolving reasonable doubt in his favor.

The Board has decided to remand the case due to a duty-to-assist error, requiring the Veteran to be provided with a VA examination to determine if his sleep apnea is related to service.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea, and the Board dismissed the case as a result.

The Veteran's psychiatric condition, lumbosacral strain, and left ankle disability have been rated as per the criteria since July 31, 2019. The effective dates for SMC based on housebound status and DEA are also set to this date.

The Board has denied service connection for depression, hearing loss, obstructive sleep apnea (OSA), and tinnitus. The decision is based on the lack of evidence supporting these conditions during or within one year after active duty.

The Veteran's claims for PTSD, IBS, OSA, and migraine headaches have been granted due to the submission of new and relevant evidence. The appeal is successful in these areas.

The Veteran's claims for increased CAD, service connection for OSA and Headache Disability have been denied. The TDIU claim has been remanded.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, left hip injury, right hip disability, gallbladder disability, and sleep apnea due to lack of evidence meeting VA criteria for a current disability. The claims are remanded for further development.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's sleep apnea and whether it is related to his service-connected PTSD.

The Board denied service connection for obstructive sleep apnea, finding that the evidence did not support a finding of in-service onset or relevant respiratory injury and that the service-connected back disability did not cause or aggravate obesity, which is necessary to establish secondary service connection.

The Board has dismissed the appeals for service connection for thoracic outlet syndrome of the right and left upper extremities, as well as sleep apnea. The Veteran's current conditions are related to his military service.