Sleep apnea decisions — 2024

The Board has determined that new and relevant evidence regarding a current diagnosis of GERD has been submitted, warranting readjudication of the claim for service connection. The claims for low back disability, right knee disability, and sleep apnea are not warranted for readjudication as no new and relevant evidence has been provided.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities, specifically low back strain with degenerative changes, right knee patellofemoral pain syndrome, left knee patellofemoral syndrome, and PTSD.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is caused by service or if it is aggravated by his service-connected PTSD and knee conditions. The Veteran will need a VA examination to address these issues.

The Veteran's obstructive sleep apnea is found to be related to his service-connected PTSD and peripheral neuropathy, granting service connection for this condition.

The Veteran's claim for a rating in excess of 10 percent for mechanical low back pain and lumbosacral strain with degenerative disc disease L3-4 was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other factors. Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also denied as there is no evidence of secondary service connection.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected post-traumatic stress disorder (PTSD). The decision is based on a private medical opinion that found it at least as likely as not that the OSA was aggravated by the PTSD.

The Board has denied service connection for right ear hearing loss disability due to lack of evidence showing a current disability. The claims for left ear hearing loss and obstructive sleep apnea are remanded as the VA examination was inadequate.

The Board denied the Veteran's claims for earlier effective dates for his service connection for lumbosacral strain with degenerative disc disease, right lower extremity sciatica pain, and left lower extremity sciatica pain. The appeal was not granted as the Veteran did not continuously pursue his claim within one year of the April 2019 decision.

The Board has decided to remand the case due to insufficient information regarding the relationship between the Veteran's factor II clotting disorder and service, as well as its relation to his other respiratory conditions. The claim will be returned for further evaluation by a VA medical examiner.

The Board has decided to remand the case due to a lack of an addendum in the initial decision, and will consider any new evidence submitted by the Veteran.

The Veteran's service-connected conditions, including sinusitis, rhinitis, a neck disability, and a right shoulder disability, caused his sleep apnea. The Board granted the claim for secondary service connection.

Service connection for thyroid cancer has been granted due to exposure to burn pits during service. The issue of sleep apnea is remanded as the evidence is insufficient to determine its etiology.

The Veteran's OSA is granted as secondary to his PTSD. The reduction of his PTSD rating from 70% to 50% was denied.

The Veteran's claims for earlier effective dates for service connection were granted, with the effective date set at November 21, 2019. The Board found that the Veteran had submitted an intent to file a claim on November 21, 2019, and filed his formal application in September 2020.

The Veteran's claims for increased ratings for her lower back disability and sciatic nerve radiculopathy of the left lower extremity are being remanded due to inadequate VA examinations. The Veteran is currently rated at 10 percent for both conditions, but she contends that these should be higher.

The Veteran's sleep apnea is granted as secondary to her service-connected disabilities, specifically right lower extremity radiculopathy, cervicothoracic strain with cervical disc disease, and lumbosacral strain with retrolisthesis. The Board found that the weight gain leading to sleep apnea was due to her inability to engage in physical activities caused by her other service-connected disabilities.

The Veteran's tinnitus is granted as service-connected.,The Veteran's low back, right knee, left knee, right shoulder, and left shoulder conditions are remanded for further development.,The Veteran's psychiatric condition (including PTSD, major depressive disorder, and anxiety disorder) and hypertension are remanded for further development.,The Veteran's obstructive sleep apnea is remanded for further development.

The Veteran's COPD is granted under the PACT Act, and his sleep apnea is granted. The service connection for COPD on a basis other than under the PACT Act is denied.

The Veteran's timely Notice of Disagreement regarding the denial of service connection for sleep apnea is accepted, and the appeal is granted.

The Board has remanded the claims of service connection for diabetes mellitus, type II, high blood pressure, hypothyroidism, neuropathy, and sleep apnea due to a duty to assist error. The Veteran asserts exposure to herbicide agents during a secret mission in Korea.